R.J. REYNOLDS TOBACCO v. EIGHTH JUD. DIST.

No. 83724.

514 P.3d 425 (2022)

138 Nev. Adv. Opn. 55

R.J. REYNOLDS TOBACCO COMPANY, a Foreign Corporation, Individually and as Successor-by-Merger to Lorillard Tobacco Company and as Successor-in-Interest to the United States Tobacco Business of Brown & Williamson Tobacco Corporation, which is the Successor-by-Merger to the American Tobacco Company, Petitioner, v. The EIGHTH JUDICIAL DISTRICT COURT of the State of Nevada, IN AND FOR the COUNTY OF CLARK; and the Honorable Nadia Krall, District Judge, Respondents, and Sandra Camacho, Individually; Anthony Camacho, Individually; Philip Morris USA, Inc., a Foreign Corporation; Liggett Group, LLC, a Foreign Corporation; and ASM Nationwide Corporation, d/b/a Silverado Smokes & Cigars, a Domestic Corporation, Real Parties in Interest.

Supreme Court of Nevada.

Filed July 28, 2022.


Attorney(s) appearing for the Case

Bailey Kennedy and Dennis L. Kennedy , Joseph A. Liebman , and Rebecca L. Crooker , Las Vegas; King & Spalding LLP and Val Leppert , Atlanta, Georgia; King & Spalding LLP and Ursula Marie Henninger , Charlotte, North Carolina, for Petitioner.

Claggett & Sykes Law Firm and Sean K. Claggett , Matthew S. Granda , and Micah S. Echols , Las Vegas; Kelley Uustal and Kimberly L. Wald , Michael A. Hersh , and Fan Li , Fort Lauderdale, Florida, for Real Parties in Interest Sandra Camacho and Anthony Camacho.

Lewis Roca Rothgerber Christie LLP and Daniel F. Polsenberg , J. Christopher Jorgensen , and Abraham G. Smith , Las Vegas, for Real Party in Interest Liggett Group, LLC.

Weinberg, Wheeler, Hudgins, Gunn & Dial, LLC, and D. Lee Roberts, Jr. , Las Vegas, for Real Parties in Interest Philip Morris USA, Inc., and ASM Nationwide Corporation.

BEFORE THE SUPREME COURT, SILVER, CADISH, and PICKERING, JJ.


OPINION

Petitioner challenges a district court order reinstating a deceptive trade practices complaint, arguing that real parties in interest/plaintiffs lack standing to bring that claim against petitioner because they never used petitioner's products and thus cannot show that they are victims of consumer...

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