A class action was brought as a result of a Norwalk-like virus outbreak at the Reno Hilton in May and June of 1996. The district court divided the action into two phases. The first phase consisted of a jury trial regarding liability and class-wide punitive damages. The jury, imposing $25 million in punitive damages, found that the appellant’s (Reno Hilton Resort Corp.) policy of unpaid sick leave was the proximate cause of the outbreak. The second phase, which has not yet ensued, will consist of individual hearings to assess compensatory damages for each class member. Following the conclusion of the first phase, the appellants moved for judgment notwithstanding the verdict, or in the alternative a new trial. The district court denied the motion, and appellants filed a notice of appeal from that order denying a new trial. Respondent moved to dismiss for lack of jurisdiction. Appellants argued on appeal that the plain language of NRAP 3A(b)(2)2 permits the appeal. Respondent argued that the rule applies only to post-judgment orders denying a new trial and not to an interlocutory order entered between phases of a bifurcated action.
Henriksen, Robert M., "Summary of Reno Hilton Resort Corp. v. Verderber, 121 Nev. Adv. Rep. 1 " (2005). Nevada Supreme Court Summaries. 608.