R.J. Reynolds Tobacco Co. v. District Court
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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.
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