Humphries v. Eighth Judicial Dist. CourtAnnotate this Case
Petitioners were involved in an altercation with an Assailant at a Casino. The Petitioners filed a complaint against the Casino, alleging negligence. The Casino's answer asserted the Petitioners' comparative negligence as an affirmative defense. Based on Cafe Moda, LLC v. Palma, the Casino moved to compel the Petitioners to join the Assailant as a necessary party under Nev. R. Civ. P. 19, which provides that a person must be joined as a party if the court cannot afford complete relief in that person's absence. The district court granted the motion and compelled Petitioners to join the Assailant. Petitioners petitioned for a writ of mandamus seeking to vacate the order compelling joinder. The Supreme Court granted the petition, holding that the Assailant was not a necessary party under Rule 19 because the district court could afford complete relief to the parties, the Casino was able to implead the Assailant as a third party under Nev. R. Civ. P. 14, and creating a per se joinder requirement would unfairly burden the Petitioners.