Ya-Ling Hung and Wei-Hsiang Hung, each individually, as surviving heirs, and as co-administrators of the Estate of Tung-Tsung Hung and Pi-Ling Lee Hung v. Genting Berhad; Genting U.S. Interactive Gaming, Inc.; Genting Nevada Interactive Gaming, LLC; and Resorts World Las Vegas LLC

Summary

The Nevada Court of Appeals affirmed dismissal of the Hungs’ amended wrongful-death and negligence complaint arising from a casino fire in Manila. The court held that the appellants waived challenges to alternative grounds for dismissal by failing to raise them in their opening brief, and it upheld denial of leave to amend because the proposed amendment would have been futile.

Holdings

1. When a district court provides independent alternative grounds supporting its ultimate ruling, an appellant must properly challenge each ground in the opening brief; failure to do so generally waives the unchallenged grounds and warrants affirmance on those grounds.
2. The dismissal of the amended complaint was properly affirmed because the appellants failed to challenge the independent grounds based on NRCP 12(b)(5), NRCP 12(b)(6), and forum non conveniens.
3. The district court did not abuse its discretion in denying the motion for leave to amend because the proposed second amended complaint would have been futile.

Questions Presented

1. Whether an appellant waives challenges to alternative grounds supporting a district court's ruling by failing to challenge each ground in the opening brief.
2. Whether the district court abused its discretion by denying leave to file a second amended complaint when the proposed amendment did not cure the pleading deficiencies and would have been futile.

Disposition

affirmed