Justia Antitrust & Trade Regulation Opinion SummariesArticles Posted in Supreme Court of Nevada
Panik v. TMM, Inc.
The Supreme Court reversed the order of the district court concluding that the claims against Appellant did not fall within the categories of claims subject to Nevada's anti-SLAPP statutes without further analysis, holding that remand was required.In the underlying lawsuit, TMM, Inc. (TMMI) filed a third-party complaint against Appellant asserting claims for trade libel, misappropriation of trade secrets, conversion, injunctive relief, abuse of process, and alter ego liability. Appellant filed an anti-SLAPP special motion to dismiss, which the district court denied. The Supreme Court reversed and remanded the case for further proceedings, holding (1) the district court erred in finding that the subject claims did not fall within the categories of claims subject to the anti-SLAPP statute; (2) Appellant met his burden under the first prong of the anti-SLAPP analysis; and (3) the district court applied an incorrect standard in evaluating TMMI's claims under the second prong of the anti-SLAPP analysis. View "Panik v. TMM, Inc." on Justia Law
R.J. Reynolds Tobacco Co. v. District Court
The Supreme Court denied mandamus relief in this challenge to a district court order reinstating a claim against a cigarette manufacturer under the Nevada Deceptive Trade Practices Act (NDTPA), holding that mandamus relief was not warranted.Plaintiffs brought filed suit against Petitioner, a cigarette manufacturer, alleging civil conspiracy and a violation of the Nevada Deceptive Trade Practices Act (NDTPA). The district court granted Petitioner's motion to dismiss, concluding that Plaintiffs were not consumer fraud victims under Nev. Rev. Stat. 41.600(1) because they never used Petitioner's products. The district court granted the motion to dismiss, concluding that Plaintiffs were not consumer fraud victims under the statute. The district court then granted reconsideration, concluding that the earlier dismissal order was erroneous. Petitioner then brought this petition, arguing that Plaintiffs lacked standing to bring the deceptive trade practices claim against Petitioner because they never used Petitioner's products. The Supreme Court denied relief, holding that the allegations in the complaint were sufficient to survive a motion to dismiss. View "R.J. Reynolds Tobacco Co. v. District Court" on Justia Law
Nevada Independent v. Whitley
The Supreme Court held that the federal Defend Trade Secrets Act (DTSA) prohibits disclosure, under the Nevada Public Records Act (NPRA), of documents from pharmaceutical companies and pharmacy benefit managers collected under S.B. 539.The Nevada Independent (TNI) filed a petition with the district court seeking an order directing the Department of Health and Human Services (DHHS) to release the documents at issue. The district court concluded that the documents were not subject to disclosure under the NPRA because the information contained in them comprised trade secrets protected under the DTSA. The Supreme Court affirmed, holding (1) because the DTSA classifies the requested documents, obtained pursuant to S.B. 539, as confidential trade secrets, the documents were exempt from disclosure under the NPRA; and (2) TNI's remaining allegations of error were without merit. View "Nevada Independent v. Whitley" on Justia Law
Poole v. Nevada Auto Dealership Investments, LLC
The Supreme Court reversed the order of the district court granting summary judgment for Respondents - Nevada Auto Dealership and its surety company, Corepointe Insurance Company - on Appellant's lawsuit brought under the Nevada Deceptive Trade Practices Act (NDTPA) and Nev. Rev. Stat. 41.600, holding that Appellant presented sufficient evidence to raise genuine issues of material fact under each of his claims.In his complaint, Appellant alleged that Nevada Auto knowingly failed to disclose material facts about a truck that it sold to him and misrepresented the truck's condition. The district court granted summary judgment for Respondents, concluding that Appellant's deceptive trade practices claims and equitable claims all failed. The Supreme Court reversed, holding that genuine issues of material fact existed as to each of Appellant's statutory claims. View "Poole v. Nevada Auto Dealership Investments, LLC" on Justia Law
Coker v. Sassone
The Supreme Court affirmed a district court order denying Appellant’s special motion to dismiss, holding that the district court properly denied Appellant’s special motion to dismiss filed pursuant to Nevada’s anti-SLAPP statutes.Appellant was sued under Nevada’s Deceptive Trade Practice and RICO statutes. In denying the special motion to dismiss, the district court found that Appellant failed to demonstrate that his conduct was “a good faith communication that was either truthful or made without knowledge of its falsehood,” one of the statutory requirements for anti-SLAPP protection. The Supreme Court affirmed, holding (1) the appropriate standard of review for a district court’s denial or grant of an anti-SLAPP motion to dismiss is de novo; and (2) the district court did not err in denying Appellant’s special motion to dismiss because Appellant failed to demonstrate that the challenged claims arose from activity protected by Nev. Rev. Stat. 41.660. View "Coker v. Sassone" on Justia Law
Nevada Recycling & Salvage, Ltd. v. Reno Disposal Co., Inc.
The Supreme Court affirmed the district court’s order granting summary judgment in favor of Respondents on Appellants’ claim that Respondents conspired with a third party to obtain exclusive franchise agreements with the City of Reno for the collection of waste and recyclable materials, holding that Appellants lacked standing to assert their claim under the Nevada Unfair Trade Practice Act (UTPA) because they were unable to show that they suffered any injuries.Appellants claimed that Respondents’ conspiracy with the third party precluded them from receiving a franchise agreement with the City. The district court concluded that, in terms of damages, Appellants lacked standing to assert a UTPA claim because they were not qualified to service a franchise zone, they never sought to be considered for a franchise zone, and the City determined that they were not qualified waste haulers. The Supreme Court affirmed, holding that Appellants lacked antitrust standing because they did not make any showing that they suffered any injuries from Respondents’ alleged conspiracy. View "Nevada Recycling & Salvage, Ltd. v. Reno Disposal Co., Inc." on Justia Law
MEI-GSR Holding, LLC v. Peppermill Casinos, Inc.
Nev. Rev. Stat. 600A.030 does not preclude a defendant from demonstrating that certain information is readily ascertainable and not a trade secret even where the defendant acquired the information through improper means.An employee of Peppermill Casino, Inc. accessed slot machines of a casino owned by MEI-GSR Holdings, LLC (GSR) to obtain their theoretical hold percentage information (par values). GSR filed suit against Peppermill and its employee, asserting violation of Nevada’s Uniform Trade Secrets Act. The jury returned a special verdict in favor of Peppermill, finding that GSR’s stolen par values did not constitute a trade secret under section 600A.030 because GSR had failed to prove that its par information was not readily ascertainable by proper means. The Supreme Court affirmed, holding (1) the district court did not err in instructing the jury concerning trade secrets under section 600A.030; and (2) GSR’s other assignments of error lacked merit. View "MEI-GSR Holding, LLC v. Peppermill Casinos, Inc." on Justia Law