Otak Nevada, LLC v. Eighth Judicial District Court Ex Rel. County of Clark

OPINION

By the Court,

Hardesty, J.:

In this extraordinary writ proceeding, we must determine whether NRS 11.259(1) compels dismissal where the initial pleading in an action alleging nonresidential construction malpractice was served without filing the attorney affidavit and expert report required by NRS 11.258(1) and (3). We take this opportunity to extend our analysis and holding in Fierle v. Perez, 125 Nev. 728, 740, 219 P.3d 906, 914 (2009) (interpreting NRS 41A.071’s expert affidavit requirement in medical malpractice actions) to apply to a defective pleading served in violation of NRS…