Sicor, Inc. v. Sacks

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Justia Opinion Summary

Plaintiffs in the underlying action asserted product liability claims against Appellants, manufacturers of an anethestic drug that may have exposed patients to serious diseases. Before the beginning of the trial, Appellants filed a motion to change venue from Clark County to Washoe County, arguing that the adverse pretrial publicity reasonably prevented Appellants from receiving a fair trial in Clark County. The district court concluded that a change of venue was not warranted at that time and reserved ruling on the motion until after an attempt to select a jury had been made. The Supreme Court dismissed Appellant's appeal because the district court had not issued a final ruling on the change of venue motion. The Supreme Court affirmed, holding (1) a court order deferring a final ruling on a change of venue motion based on adverse pretrial publicity until after jury selection begins does not finally decide the motion; and (2) because the court did not finally rule on the motion in this case, the matter was not ripe for appeal.