Bullion Monarch Mining, Inc. v. Barrick Goldstrike Mines, Inc.

MEMORANDUM *

We certified two questions of law to the Nevada Supreme Court in an order filed June 13, 2012. Bullion Monarch Mining, Inc. v. Barrick Goldstrike Mines, Inc., 686 F.3d 1041 (9th Cir.2012). We certified the following questions:

1. Under Nevada law, does the Rule Against Perpetuities apply to an area-of-interest provision in a commercial mining agreement?

2. If the Rule Against Perpetuities does apply, is reformation available under Nevada Revised Statute § 111.1039(2)?

Id. at 1044.

The Nevada Supreme Court answered the first question in an opinion filed March 26, 2015. Bullion Monarch…