The Heights of Summerlin, LLC v. Dist. Ct. (crupi)

Summary

The Nevada Supreme Court entertained the petition for advisory mandamus because the immunity questions were matters of first impression, statewide importance, and recurring litigation, but denied relief. It held that the PREP Act does not immunize claims based on a facility’s failure to implement COVID-19 policies because such inaction is not the administration or use of a covered countermeasure. It also held that Nevada’s Emergency Directive 011 does not directly immunize health care facilities, although immunity may extend derivatively when liability rests solely on an immune individual.