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Camacho Vs. Dist. Ct. (Philip Morris Usa, Inc.)

2021-11-19

Summary

Holding. The petitioners' motion for voluntary dismissal of the petition was granted, and the petition was dismissed.

The Camacho petitioners filed a petition with the Nevada Supreme Court challenging a district court decision involving tobacco companies. The petitioners later sought to voluntarily dismiss their own petition. Despite R.J. Reynolds Tobacco Company's opposition to the dismissal, the court granted the petitioners' motion and dismissed the petition. Each party was ordered to bear its own attorney fees and costs.

Summary generated by law.co from the public-domain opinion. The opinion text itself is public domain.

Key issues

  • Voluntary dismissal of petition
  • Right to dismiss one's own appeal
  • Attorney fees and costs allocation

Procedural posture

The petitioners sought voluntary dismissal of their petition pending before the Nevada Supreme Court, which had been opposed by one of the real parties in interest.

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

majority opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

SANDRA CAMACHO, INDIVIDUALLY; No. 82654

AND ANTHONY CAMACHO,

INDIVIDUALLY,

Petitioners,

vs.

THE EIGHTH JUDICIAL DISTRICT

COURT OF THE STAtE OF NEVADA, FILED

IN AND FOR THE COUNTY OF

NOV 1 9 2021

CLARK; AND THE HONORABLE

EUZABETH BROWN

NADIA KRALL, DISTRICT JUDGE, CLERK OF SU COURT

Respondents, BY

U CLERK

and

PHILIP MORRIS USA, INC., A

FOREIGN CORPORATION; RJ

REYNOLDS TOBACCO COMPANY, A

FOREIGN CORPORATION,

INDIVIDUALLY, AND AS

SUCCESSOR-BY-MERGER TO

LORILLARD TOBACCO COMPANY

AND AS SUCCESSOR-IN-INTEREST

TO THE UNITED STATES TOBACCO

BUSINESS OF BROWN &

WILLIAMSON TOBACCO

CORPORATION, WHICH IS THE

SUCCESSOR-BY-MERGER TO THE

AMERICAN TOBACCO COMPANY;

LIGGETT GROUP, LLC, A FOREIGN

CORPORATION; AND ASM

NATIONWIDE CORPORATION, D/B/A

SILVERADO SMOKES & CIGARS, A

DOMESTIC CORPORATION,

Real Parties in Interest.

R.J. REYNOLDS TOBACCO COMPANY, No. 83724

A FOREIGN CORPORATION,

INDIVIDUALLY, AND AS

SUCCESSOR-BY-MERGER TO

LORILLARD TOBACCO COMPANY

SUPREME COURT

AND AS SUCCESSOR-IN-INTEREST

OF

NEVADA

OD 1947A aleeD

š341/

TO THE UNITED STATES TOBACCO

BUSINESS OF BROWN &

WILLIAMSON TOBACCO

CORPORATION, WHICH IS THE

SUCCESSOR-BY-MERGER TO THE

AMERICAN TOBACCO COMPANY,

Petitioner,

vs.

THE EIGHTH JUDICIAL DISTRICT

COURT OF THE STATE OF NEVADA,

IN AND FOR THE COUNTY OF

CLARK; AND THE HONORABLE

NADIA KRALL, DISTRICT JUDGE,

Respondents,

and

SANDRA CAMACHO, INDIVIDUALLY;

ANTHONY CAMACHO,

INDIVIDUALLY; PHILIP MORRIS USA,

INC., A FOREIGN CORPORATION;

- LIGGETT GROUP, LLC, A FOREIGN

CORPORATION; AND ASM

NATIONWIDE CORPORATION, D/B/A

SILVERADO SMOKES & CIGARS, A

DOMESTIC CORPORATION,

Real Parties in Interest.

ORDER

Cause appearing, and despite real party in interest, R.J.

Reynolds Tobacco Company's opposition, petitioners motion for a voluntary

dismissal of the petition in Docket No. 82654 is granted. The petition is

dismissed. NRAP 42(b). The parties to bear their own attorney fees and

costs.

SUPREME COURT

OF

PkVADA

(0) 1947A el. 2

R.J. Reynolds motions to consolidate these matters are denied

as moot.

It is so ORDERED.

-C24-'6%E-7

Parraguirre

J.

J.

Stiglich

Silver

cc: Hon. Nadia Krall, District Judge

Kelley Uustal/Fort Lauderdale

Claggett & Sykes Law Firm

Shook, Hardy & Bacon LLP/Kansas City

Weinberg, Wheeler, Hudgins, Gunn & Dial, LLC/Las Vegas

Lewis Roca Rothgerber Christie LLP/Las Vegas

Bailey Kennedy

Kasowitz Benson Torres LLP/Miami

Eighth District Court Clerk

SUPREME COURT

OF

NEVADA

109 1947A atOti. 3