Tuesday, November 3, 2020-Carson City-Full Court

STATE VS. DIST. CT. (MARTINEZ (ANTHONY))
Docket Number: 80093
Carson City - 10:00 A.M. - En Banc Panel

The State of Nevada petitions this court for a writ of mandamus or in the alternative, prohibition.

ISSUES:

The State argues that the district court (1) incorrectly determined the unit of prosecution for the possession of “any” firearm under NRS 202.360(1); and (2) incorrectly granted a pre-trial motion to consolidate counts alleging multiple violations of NRS 202.360(1) for possession of multiple firearms.

Disclaimer:

This synopsis is intended to provide only general information about this case before the Nevada Supreme Court.  It is not intended to be all-inclusive or reflect all positions of the parties.  To access the documents that have been filed in this matter, type the docket number into the court’s case search page: https://caseinfo.nvsupremecourt.us/public/caseSearch.do

TEVA PARENTERAL MEDICINES, INC. VS. DIST. CT. (ADAMS)
Docket Number: 81024
Carson City - 11:00 A.M. - En Banc Panel

This original petition for a writ of mandamus challenges district court orders denying petitioners’ motions to dismiss the underlying consolidated actions in their entirety. Petitioners argue that federal law does not permit label or design changes to their generic drug, propofol; and therefore, real parties in interest’s (RPIs) state-law tort claims are preempted. Petitioners also argue that it is not a solution to stop selling the drug altogether in order to avoid conflict preemption.

ISSUES:

Conversely, RPIs argue that if they were to succeed on their underlying claims, their requested relief would not require petitioners to change propofol’s label, or design, or require petitioners to stop selling propofol altogether. As a result, RPIs argue that their state-law tort claims are not federally preempted

Disclaimer:

This synopsis is intended to provide only general information about this case before the Nevada Supreme Court.  It is not intended to be all-inclusive or reflect all positions of the parties.  To access the documents that have been filed in this matter, type the docket number into the court’s case search page: https://caseinfo.nvsupremecourt.us/public/caseSearch.do