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Takeda Pharms. Am., Inc. v. Eighth Judicial Dist. Court

SUPREME COURT OF THE STATE OF NEVADA
Aug 12, 2015
No. 68598 (Nev. Aug. 12, 2015)

Opinion

No. 68598

08-12-2015

TAKEDA PHARMACEUTICALS AMERICA, INC.; TAKEDA PHARMACEUTICALS NORTH AMERICA, INC.; TAKEDA PHARMACEUTICALS COMPANY LIMITED; AND DUSTIN HINDMARCH, Petitioners, v. THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF CLARK; AND THE HONORABLE JERRY A. WIESE, DISTRICT JUDGE, Respondents, and GEORGE F. DECOU, INDIVIDUALLY; JOANN PASSER AS SPECIAL ADMINISTRATRIX OF THE ESTATE OF MAURICE J. IORIO; AND MARY IORIO, INDIVIDUALLY AND AS SURVIVING SPOUSE OF MAURICE J. IORIO, DECEASED, Real Parties in Interest.


An unpublished order shall not be regarded as precedent and shall not be cited as legal authority. SCR 123.

ORDER DENYING PETITION

This petition for a writ of mandamus challenges a district court's rulings related to the assertedly willful spoliation of evidence, including a "pre-instruction" to the jury and the exclusion of expert testimony related to whether the destruction of evidence was willful. Trial of the matter commenced today. Having reviewed the petition and its accompanying motion for a stay, we decline to intervene. Petitioner has a remedy at law by way of an appeal from an adverse final judgment, Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 88 P.3d 840 (2004); NRS 34.170, and we are not convinced that that remedy is inadequate under the circumstances presented, see Williams v. Eighth Judicial Dist. Court, 127 Nev., Adv. Op. 45, 262 P.3d 360 (2001) (describing narrow exceptions when writ relief may be warranted despite availability of an alternative remedy at law). Accordingly, and without expressing any opinion on the merits of the issues raised in the petition, we deny the motion for a stay and

ORDER the petition DENIED.

/s/_________, J.

Saitta

/s/_________, J.

Cherry

/s/_________, J.

Pickering
cc: Hon. Jerry A. Wiese, District Judge

Snell & Wilmer, LLP/Las Vegas

Greenberg Traurig LLP/Atlanta

Eglet Prince

Kemp, Jones & Coulthard, LLP

Eighth District Court Clerk


Summaries of

Takeda Pharms. Am., Inc. v. Eighth Judicial Dist. Court

SUPREME COURT OF THE STATE OF NEVADA
Aug 12, 2015
No. 68598 (Nev. Aug. 12, 2015)
Case details for

Takeda Pharms. Am., Inc. v. Eighth Judicial Dist. Court

Case Details

Full title:TAKEDA PHARMACEUTICALS AMERICA, INC.; TAKEDA PHARMACEUTICALS NORTH…

Court:SUPREME COURT OF THE STATE OF NEVADA

Date published: Aug 12, 2015

Citations

No. 68598 (Nev. Aug. 12, 2015)