LUCKY LUCY D LLC v. LGS CASINO LLC

No. 83833, No. 84257.

534 P.3d 689 (2023)

139 Nev. Adv. Opn. 26

LUCKY LUCY D LLC, d/b/a Lucky Club Casino & Hotel, Appellant, v. LGS CASINO LLC; Lucky Club, LLC; and 3227 Civic Center, LLC, Respondents. Lucky Lucy D LLC, d/b/a Lucky Club Casino & Hotel, Appellant, v. LGS Casino LLC; Lucky Club, LLC; and 3227 Civic Center, LLC, Respondents.

Supreme Court of Nevada.

Filed August 24, 2023.


Attorney(s) appearing for the Case

McNutt Law Firm, P.C., and Daniel R. McNutt and Matthew C. Wolf , Las Vegas, for Appellant.

The Wright Law Group, P.C., and John Henry Wright , Las Vegas, for Respondents.

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


OPINION

In these consolidated appeals, we consider whether business actions taken in response to the COVID-19 pandemic violated an ordinary course covenant in an asset purchase agreement. Generally, an ordinary course covenant requires the seller to operate its business in the usual manner between the time...

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