Nevada Supreme Court, 2019

The Mirage Casino-Hotel, Llc Vs. Dist. Ct. (Malita)

The Mirage Casino-Hotel, Llc Vs. Dist. Ct. (Malita)
Nevada Supreme Court · Decided November 6, 2019

The Mirage Casino-Hotel, Llc Vs. Dist. Ct. (Malita)

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

THE MIRAGE CASINO-HOTEL, LLC, No. 79730 AS SUCCESSOR-IN-INTEREST OF THE MIRAGE CASINO-HOTEL, Petitioner, vs. THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, FILED IN AND FOR THE COUNTY OF NOV 0 6 2019 .D CLARK; AND THE HONORABLE ELI . BROWN RICHARD SCOTTI, DISTRICT JUDGE, REME COURT 4.....__ Respondents, BY DEPUlY CLERK and MARIAN MALITA; AND SILVANA MALITA, HUSBAND AND WIFE, Real Parties in Interest.

ORDER DENYING PETITION FOR WRIT OF MANDAMUS This original petition for a writ of mandamus challenges a February 2019 district court order denying summary judgment under the Nevada Industrial Insurance Act's exclusive remedy provision.

Having reviewed the petition and supporting documentation, we conclude that our extraordinary interventiOn is not warranted. NRAP 21(b). Generally, we will not consider writ petitions challenging orders denying summary judgment, and we are not persuaded that any exception to the general rule applies here: Smith v. Eighth •Judicial Dist: Court, 113 Nev. 1343, 1344, 950 P.2d 280, 281 (1997). Petitioner has an adequate legal remedy in the form of an appeal from Any adVerse final judgment. See NHS

/ - 4310 2, 34.170; Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 224, 228, 88 P.3d 840, 841, 844 (2004). Accordingly, we ORDER the petition DENIED.'

C.J.

Gibbo

Parraguirre

, J.

Cadish

cc: Hon. Richard Scotti, District Judge Pyatt Silvestri Campbell & Williams Eighth District Court Clerk

"In light of this order, petitioner's emergency motion to stav the district court proceedings is denied as moot.

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