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

Summary

The Nevada Supreme Court entertained the petition for advisory mandamus because the immunity questions presented issues of first impression and statewide importance, 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 further held that Emergency Directive 011 does not directly immunize health care facilities, although derivative immunity may apply when liability flows solely from an immune individual.