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United States Court Cases

Nevada Supreme/Appellate Court Record

BADILLO VS. AMERICAN BRANDS, INC. (NRAP 5)

Case Information: 34300
Short Caption:BADILLO VS. AMERICAN BRANDS, INC. (NRAP 5)Court:Supreme Court
Lower Court Case(s):NONEClassification:Original Proceeding - NRAP 5 - U.S. District Court
Disqualifications:YoungCase Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: En Banc
To SP/Judge:SP Status:
Oral Argument:09/14/2000 at 10:30 AMOral Argument Location:Carson City
Submission Date:09/14/2000How Submitted:After Oral Argument

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
06/04/1999Order/IncomingFiled Order Certifying Question to Nevada Supreme Court. Received from U.S. District Court for the District of Nevada. 99-04696
06/04/1999Filing Fee Filing Fee due.
06/04/1999OtherDisqualification of Justice Young. Law firm of Lionel Sawyer & Collins.
06/18/1999MotionFiled Motion. Motion for Permission to file Written Briefs and Present Oral Argument. 99-05319
06/23/1999Order/ProceduralFiled Order. Appellants shall have 60 days from the date of this order to file and serve a single, joint opening brief in support of their claim for medical monitoring. Respondents shall have 45 days after the opening brief is filed and served to file and serve a single, joint answering brief. Appellants shall have 20 days from the date the answering brief is filed and served to file and serve a single, joint reply brief, if any. The briefs shall not exceed fifty pages each. The parties are futher ordered to prepare and file a joint appendix. The appendix shall be filed no later than the date on which the opening brief is filed. fn1[We caution parties represented by out-of-state counsel that practice before this court is limited by NRAP 46(a). 99-05450
08/10/1999Order/ProceduralFiled Order. Pursuant to NRAP 5(e), this court's filing fee "shall be equally divided between the parties." The appellants jointly and the respondents jointly shall each pay the sum of $100 to the clerk of this court within 15 days from the date of this order. 99-07394
08/16/1999Filing FeeReceived Filing Fee Paid on Filing. $100.00 from Nevada Tobacco Litigation Fund-Murray Law Firm--check no. 1013. (for appellants)
08/23/1999Filing FeeReceived Filing Fee Paid on Filing. $100.00 from Lionel Sawyer & Collins--check no. 106027. (For respondents)
08/25/1999BriefFiled Opening Brief. Appellant's Joint Opening Brief. Mailed on: 8/23/99. 99-07925
08/25/1999AppendixFiled Joint Appendix. 99-07926
10/06/1999MotionFiled Motion. Motion of Product Liability Advisory Council, Inc. and American Tort Reform Association for leave to file Brief as Amici Curiae in Support of Respondents. 99-09608
10/06/1999BriefReceived Amicus Brief. Brief of Product Liability Advisory Council, Inc. and American Tort Reform Association as Amici Curiae in Support of Respondents. 99-09609
10/07/1999BriefFiled Answering Brief. Mailed on: Hand delivered 10/7/99. 99-09677
10/07/1999AppendixFiled Appendix. Addendum to Respondent's Answering Brief. 99-09678
10/07/1999AppendixFiled Appendix to Answering Brief. Volumes 1 through 8. 99-09679
10/07/1999Notice/IncomingFiled Proof of Service. Certificate of Service of Addendum to Respondent's Answering Brief and Respondent's Appendix, Volumes 1 through 8. 99-09680
10/07/1999BriefReceived Amicus Brief. Brief of Amicus Curiae In Support of Respondents American Brands, Inc., et al. 99-09698
10/07/1999MotionFiled Motion. Motion of Amici Curiae for Leave to File Amicus Brief. 99-09697
10/07/1999MotionFiled Motion. Motion of the American Gaming Association, Las Vegas Chamber of Commerce, Nevada Association of Employers, Nevada Resort Association, Nevada Self-Insurers Association, Reno-Sparks Chamber of Commerce, and Retail Association of Nevada for Leave to File as Amici Curiae in Support of Respondents. 99-09715
10/25/1999MotionFiled Motion to Extend Time. 99-10471
11/22/1999BriefReceived Reply Brief. 99-11688
11/22/1999AppendixReceived Appendix to Reply Brief. Supplemental Appendix. 99-11689
11/24/1999Notice/IncomingFiled Proof of Service. for Supplemental Appendix to Appellants' Reply Brief. 99-13458
12/01/1999MotionFiled Motion. Motion to Associate Counsel. (Stephen B. Murray) 99-11974
12/01/1999MotionFiled Motion. Attorney Stephen B. Murray. 99-11977
12/01/1999MotionFiled Motion. Motion to Associate Counsel (Perry M. Nicosia). 99-11979
12/01/1999MotionFiled Motion. Attorney Perry M. Nicosia. 99-11981
01/12/2000MotionFiled Motion. Motion of Product Liability Advisory Counsel, Inc. and American Tort Reform Association for Leave to File Supplement to Amici Curiae. 00-00541
01/12/2000BriefReceived Supplemental Brief. Supplement to Brief of Product Liability Advisory Counsel, Inc. and American Tort Reform Association as Amici Curiae in Support of Respondents. 00-00544
03/21/2000Order/ProceduralFiled Order. We grant the motions for leave to file amici curiae briefs in support of respondents and direct the clerk of this court to file, forthwith, the briefs provisionally received on October 6, 1999, and October 7, 1999. We direct the clerk to also file the supplement provisionally received on January 12, 2000. Appellants may, within 30 days of the date of this order, file and serve an answer to the amici curiae briefs and supplement. fn1[The Nevada businesses, organizations and manufacturers are too numerous to list. They have joined together in two separate groups and seek only to file two separate amici curiae briefs.] fn2[On October 25, 1999, appellants filed a motion for an extension of time to file the reply brief. We grant appellants' unopposed motion and direct the clerk to forthwith file the reply brief and appendix provisionally received on November 22, 1999. Appellant's motion suggests that they may have responded to the amici curiae briefs in their reply brief. If this is the case they need not file an additional answer to the amici curiae briefs and supplement.] Attorney Peter L. Flangas has filed motions to associate attorney Stephen B. Murray and Perry M. Nicosia pursuant to SCR 42. Attorney Flangas has failed to file proof of service despite telephonic notification of the requirement from the clerk of this court. We deny the motions without prejudice. Attorney Flangas may renew the motions as long as they are accompanied by the required proof of service. 00-04529
03/21/2000BriefFiled Amicus Brief. Brief of Product Liability Advisory Council, Inc. and American Tort Reform Association as Amici Curiae in Support of Respondents. 99-09609
03/21/2000BriefFiled Amicus Brief. Brief of Amicus Curiae in Support of Respondents American Brands, Inc., et al. 99-09698
03/21/2000BriefFiled Amicus Brief. Brief of American Gaming Assoc., Las Vegas Chamber of Commerce, Nevada Association of Employers, Nevada Resort Association, Nevada Self-Insurers Association, Reno-Sparks Chamber of Commerce, and Retail Association of Nevada for Leave to File as Amici Curiae in Support of Respondents. 99-09718
03/21/2000BriefFiled Amended Brief. Supplement to Brief of Product Liability Advisory Counsel, Inc. and American Tort Reform Association as Amici Curiae in Support of Respondents. 00-00544
03/21/2000BriefFiled Reply Brief. Mailed on: 11/17/99. 99-11688
03/21/2000AppendixFiled Appendix to Reply Brief. 99-11689
03/22/2000Order/ProceduralFiled Order. On October 25, 1999, appellants submitted a response to the motion. Because the response was submitted late, it was received but not filed. On March 21, 2000, this court entered an order granting the motion for leave to file an amici curiae brief. We direct the clerk to file, forthwith, appellants' response received on October 25, 1999. 00-04552
03/22/2000MotionFiled Response to Motion. Response to Motion of the American Gaming Association, Las Vegas Chamber of Commerce, Nevada Association of Employers, Nevada Resort Association, Nevada Self-Insurers Association, Reno-Sparks Chamber of Commerce, and Retail Association of Nevada for Leave to File Brief as Amici Curiae in Support of Respondents. 99-10472
04/10/2000Notice/IncomingFiled Proof of Service. (Motions to Associate Counsel). 00-05695
05/30/2000Order/ProceduralFiled Order Granting Motion. On December 1, 1999, Nevada attorney Peter L. Flangas filed motions to associate louisiana attorneys Stephen B. Murray and Perry M. Nocosia of the Murray Law Firm as counsel in this appeal. On April 10, 2000, attorney Flangas filed a certificate of service of the motions to associate Stephen B. Murray and Perry M. Nicosia as counsel, thereby renewing the December 1, 1999, motions. We grant the motions. Attorneys Murray and Nicosia shall be permitted to represent appellants Badillo, Franklin, Lipsman, Otting, Tassiello, Basilio, Murphy, Dilullo and Honeywell in this appeal pursuant to SCR 42. Nevada attorney Flangas shall be responsible for all matters presented herein by attorneys Murray and Nicosia in this matter. 00-09077
07/21/2000Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes in Carson City on September 14, 2000 at 10:30 a.m. (En Banc) 00-12623
08/30/2000BriefFiled Supplemental Authorities. Respondents' Memorandum of Supplemental Authorities. 00-15279
08/31/2000Notice/OutgoingIssued Oral Argument Reminder Notice. 00-15344
09/11/2000Letter/IncomingFiled Letter. from attorney Leland Eugene Backus regarding change of firm name. 00-15975
09/14/2000Case Status Update Submitted for Decision. Panel: En Banc.
01/30/2001Opinion/DispositionalFiled Per Curiam Opinion. "Questions answered." Before the Court En Banc. Per Curiam. fn5[The Honorable Cliff Young, Justice, did not participate in the decision of the matter.] 117 Nev. Adv. Opn. No. 4. 01-01938
02/27/2001RemittiturIssued Remittitur. 01-02060
02/27/2001Case Status Update Remittitur Issued/Case Closed.