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Case Information: 81024
Lower Court Case(s):Clark Co. - Eighth Judicial District - A778471Classification:Original Proceeding - Civil - Mandamus
Disqualifications:SilverCase Status:Notice in Lieu of Remittitur Issued/Case Closed
Replacement:None for Justice SilverPanel Assigned: En Banc
To SP/Judge:SP Status:
Oral Argument:11/03/2020 at 11:00 AMOral Argument Location:Carson City
Submission Date:11/03/2020How Submitted:After Oral Argument

+ Party Information

Docket Entries
04/17/2020Filing FeeFiling fee paid. E-Payment $250.00 from Tami D. Cowden. (SC)
04/17/2020Petition/WritFiled Petition Under NRAP 21 for Writ of Mandamus. (SC)20-14811
04/17/2020AppendixFiled Appendix to Petition for Writ - Volume I of VII. (SC)20-14833
04/17/2020AppendixFiled Appendix to Petition for Writ - Volume II of VII. (SC)20-14834
04/17/2020AppendixFiled Appendix to Petition for Writ - Volume III of VII. (SC)20-14835
04/17/2020AppendixFiled Appendix to Petition for Writ - Volume IV of VII. (SC)20-14836
04/17/2020AppendixFiled Appendix to Petition for Writ - Volume V of VII. (SC)20-14838
04/17/2020AppendixFiled Appendix to Petition for Writ - Volume VI of VII. (SC)20-14839
04/17/2020AppendixFiled Appendix to Petition for Writ - Volume VII of VII. (SC)20-14840
04/24/2020Notice/IncomingFiled Petitioner's Amended Certificate of Service Re: Petition Under NRAP 21 for Writ of Mandamus and Appendices. (SC)20-15595
05/05/2020Order/ProceduralFiled Order Directing Answer. Real Parties in Interest's Answer due: 28 days. Petitioners shall have 14 days from service of the answer to file and serve any reply. (SC)20-17014
06/02/2020Petition/WritFiled Real Party in Interests' Answer to Petition for Writ of Mandamus. (SC)20-20641
06/17/2020Order/Clerk'sFiled Order Granting Telephonic Extension. Petitioner's Reply to Answer to Petition for Writ due: June 30, 2020. (SC)20-22543
06/30/2020BriefFiled Petitioners' Reply to Answer Brief. (SC)20-24250
10/09/2020Order/ProceduralFiled Order Scheduling Oral Argument. This matter is scheduled for oral argument on November 3, 2020, at 11:00 a.m. The argument will be videoconferenced. The argument shall be limited to 30 minutes. The court will use the BlueJeans videoconferencing system, which requires laptop/desktop/videoconferencing computer internet access and audio and video (web camera) capability. In case technical difficulties develop at any time, the court will conduct the oral argument by teleconference, which will require counsel to have immediate access to a landline phone connection. Within 7 days of the date of this order, the parties shall submit to the Clerk of the Court a notice identifying the attorney(s) who will argue the case and the phone number and email address of the attorney(s). The notice may be emailed to the court at The attorneys will be required to schedule a session with the Clerk of the Court to test capabilities of the connection and video equipment approximately one week prior to argument. (SC)20-37086
10/12/2020Order/ProceduralFiled Notice of Voluntary Disclosure (Justice Silver). I believe that I can be fair and impartial in this case, but I wish to disclose that I presided over Washington vs. Teva as an Eighth Judicial District Court Judge in a lawsuit involving products liability including claims for inadequate design of the labeling used for prophopol vials. The Jury awarded Plaintiff Washington approximately 10 million in the compensatory phase and approximately 90 million in the punitive phase against Teva in that trial. The parties shall have 7 days from the date of this order to file a motion for disqualification based on my disclosure. (SC)20-37351
10/16/2020Notice/IncomingFiled Petitioners' Notice Regarding Oral Argument (Daniel F. Polsenberg of Lewis Roca Rothgerber Christie as the attorney that will argue for Petitioners Teva Parenteral Medicines, Inc., fka Sicor, Inc., Baxter Healthcare Corporation; and Mckesson Medical-Surgical Inc. on November 3, 2020). (SC)20-38145
10/19/2020MotionFiled Petitioner's Motion to Disqualify Justice Abbi Silver. (SC) (REJECTED PER 10/20/20 NOTICE).
10/20/2020Notice/OutgoingIssued Oral Argument Reminder Notice. (SC)20-38420
10/20/2020Notice/OutgoingIssued Notice of Rejection of Filed Document (Petitioner's Motion to Disqualify Justice Abbi Silver). (SC).20-38489
10/20/2020MotionFiled Petitioners' Motion to Disqualify Justice Abbi Silver. (SC)20-38524
10/21/2020Notice/IncomingFiled Real Parties in Interests' Notice Regarding Oral Argument. (SC)20-38532
10/22/2020Order/ProceduralFiled Notice of Voluntary Recusal. I have no personal bias or prejudice concerning any of the parties to this proceeding, nor do I possess any personal knowledge of the facts that are in dispute. See NCJC 2.11(A)(1). Moreover, I believe that I could be fair and impartial in this matter. I also understand my judicial obligation to preside over cases that come before this court. However, to avoid any appearance of impropriety, I have decided to voluntarily recuse myself in this case due to rulings in a related case that ultimately went to a jury trial while I was an Eighth Judicial District Court Judge involving petitioners Teva Parental Medicines, Inc. as a party. For this reason, I have decided to recuse myself voluntarily. (SC)20-38720
10/27/2020Order/ProceduralFiled Order. On October 20, 2020, petitioners filed a motion to disqualify Justice Silver in this matter. In light of Justice Silver's notice of recusal filed on October 22, 2020, no action will be taken on the disqualification motion. (SC)20-39300
11/02/2020Notice/IncomingFiled Petitioner's Notice of Appearance for Joel D. Henriod and Abraham G. Smith. (SC)20-39873
11/02/2020Notice/IncomingFiled Petitioners Notice of Timeline for Oral Argument. (SC)20-39900
11/03/2020Case Status UpdateOral argument held this day. Case submitted for decision. Before the En Banc Court. 81024. (SC)
03/04/2021Opinion/DispositionalFiled Authored Opinion. "Petition granted in part and denied in part." Before the Court En Banc. Author: Hardesty, C.J. Majority: Hardesty/Parraguirre/Stiglich/Cadish/Pickering/Herndon. The clerk of this court shall issue a writ of mandamus directing the district court to dismiss all of plaintiffs' claims except their cause of action for negligence and their request for punitive damages. fn1 [The Honorable Abbi Silver, Justice, voluntarily recused herself from participation in the decision of this matter.] 137 Nev. Adv. Opn. No. 6. En Banc. (SC).21-06303
03/04/2021WritFiled Writ with letter. Original and 4 copies of writ and copy of opinion mailed to for service upon Judges. (SC)21-06403
03/25/2021WritFiled Returned Writ. Original Writ returned. Served on Judge Hon. Nancy Allf, Hon. Trevor L. Atkins, and Hon. Erika Ballou on March 12, 2021.21-08610
03/29/2021RemittiturIssued Notice in Lieu of Remittitur. (SC)21-08871
03/29/2021Case Status UpdateNotice in Lieu of Remittitur Issued/Case Closed. (SC)