An interesting three-branch constitutional dispute is brewing in Nevada. The Nevada Supreme Court is presently considering an historic lawsuit filed by the governor against the legislature alleging that the legislature has failed to comply with its constitutional duty to enact a budget funding public education by July 1. According to this report in the Reno Gazette-Journal, the Chief Justice has called for briefs by Monday, and promises to expedite decision. Documents filed are available online.

Fellow blogger Ernie Svenson is doubly wise. He's done more than his share of heavy lifting to promote wider information flow about the law, and encourages others who are on the same track. What's more, he's a switcher. Very wise man.

Today's opinions include one highly anticipated decision regarding Rezulin litigation currently pending before the Mass Litigation Panel, as well as other opinions of note to tort law practitioners. The Court's decision in IN RE WEST VIRGINIA REZULIN LITIGATION, No. 30958 (STARCHER, C.J.)(Davis, D.Q.) contains several new syllabus points with specific guidlines regarding class certification, and reverses the lower court's decision to deny class certification. In JOSLIN v. MITCHELL, No. 31035 (STARCHER, C.J.)(McGraw, J., dissenting), the Court construed the phrase "bargained for discount" in WV Code 33-6-31-(b). In McDAVID v. UNITED STATES OF AMERICA, No. 30740 (STARCHER, C.J.)(Maynard, J., dissenting), the Court answered a question certified from the federal district court regarding whether damages for pain and suffering endured between the time of injury and death are recoverable in certain circumstances under the wrongful death act, WV Code 55-7-6. Finally, in SER WEIRTON MEDICAL CENTER v. MAZZONE, No. 31147 (PER CURIAM)(McGraw, J., dissenting), the Court granted a writ of prohibition sought by defendants in a medical malpractice action, to prevent enforcement of an order limiting the expert testimony of a defense witness.