This section contains the nature of the case and procedural background.

A tragic fire occurred at the MGM Grand Hotel in Las Vegas, Nevada. Ps were employees at the time of the fire, and they sued in a class action to recover for lost salaries and employment benefits for the period of time they were unemployed due to the fire. The union also sued to recover union dues lost because of the fire. Ds were involved in the design or construction of the hotel. Ps sued under both negligence and strict liability. D moved to dismiss, and that motion was granted on grounds that Ps had not stated a cause of action to recover economic loss. Ps appealed.

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