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HEIGHTS OF SUMMERLIN v. EIGHTH JUDICIAL

No. 86214.

556 P.3d 959 (2024)

140 Nev. Adv. Opn. 65

The HEIGHTS OF SUMMERLIN, LLC, a Foreign Limited Liability Corporation; Summit Care, LLC, a Foreign Limited Liability Corporation; Genesis Healthcare, Inc., a Domestic Corporation; Latoya Davis, Individually and As Administrator; and Andrew Reese, Individually and As Administrator, Petitioners, v. The EIGHTH JUDICIAL DISTRICT COURT of the State of Nevada, IN AND FOR the COUNTY OF CLARK; and the Honorable Erika D. Ballou, District Judge, Respondents, and Rachelle Crupi, Individually and as Special Administrator, Personal Representative, and Heir to the Estate of Aletha Porcaro, Deceased, Real Party in Interest.

Supreme Court of Nevada.

Filed October 3, 2024.

Attorney(s) appearing for the Case

Hutchison & Steffen, PLLC, and Courtney Christopher, David J. Mortensen, and Derek Linford, Las Vegas, for Petitioners.

Henness & Haight and Michael D. Haight, Genevieve Romand, and David T. Gluth, Las Vegas, for Real Party in Interest.

J. Cogburn Law and Jamie S. Cogburn and Hunter S. Davidson, Henderson, for Amicus Curiae Nevada Justice Association.

BEFORE THE SUPREME COURT, STIGLICH, PICKERING, and PARRAGUIRRE, JJ.

OPINION

In this opinion, we consider whether the federal Public Readiness and Emergency Preparedness Act (PREP Act) or Nevada's Emergency Directive 011 grant immunity to a health care facility from a cause of action involving the facility's lack of a COVID-19 safety policy. While we have previously determined...

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