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It is an unlawful employment practice for an employer to discriminate against any person with respect to the person’s compensation, terms, conditions or privileges of employment because of race, color, religion, sec, sexual orientation, gender identity or expression, age (40 and older), disability or national origin.

Dennis v. Nevada, 282 F. Supp. 2d 1177, at 1181 (D. Nev. 2003); Switzer v. Rivera, 174 F. Supp. 2d 1097 (D. Nev. 2001); Wolber v. Service Corp. Int’l, 612 F. Supp. 235 (D. Nev. 1985).

Under federal law, companies with 15 or more employees are covered by Title VII of the Civil Rights Act of 1964, the primary law prohibiting employment discrimination, the Americans with Disabilities Act, which prohibits discrimination on the basis of disability, and the Genetic Information Nondiscrimination Act, which prohibits discrimination based on genetic information. Companies with 20 or more employees are subject to the Age Discrimination in Employment Act (ADEA), the federal law that prohibits discrimination against employees 40 years or older. Companies with four or more employees must comply with the employment discrimination provisions of the Immigration Reform and Control Act, which prohibits discrimination on the basis of citizenship status. And all companies of any size must pay men and women equally for doing equal work, by virtue of the Equal Pay Act.  In Nevada, companies with 15 or more employees are subject to the state’s antidiscrimination law.


See elements for other claims at the Nevada Law Library

In Nevada, the elements for a claim of malicious prosecution are:

  1. Filing of criminal action;
  2. Lack of probable cause to commence prior action;
  3. Malice;
  4. Favorable termination of prior the action; and
  5. Causation and damages.

LaMantia v. Redisi, 38 P.3d 877 (2002); Dutt v. Kremp, 111 Nev. 57 (1995); Chapman v. City of Reno, 85 Nev. 365 (1969).


See elements for other claims at the Nevada Law Library


A Living Will is different from a Living Trust and is different from a Will. A Living Will is a written statement instructing your family and doctor about what, if any, life-prolonging medical procedures you desire to be performed if your condition is terminal and there is no chance of recovery. In Nevada, it is known as a “Declaration” and allows you to declare your end of life care decisions.

You Have the Right to Refuse Medical Treatment

You have the right to refuse medical treatment. A Living Will gives you the opportunity to express your wishes in advance, since you may not be able to make those desires known when it becomes necessary to do so. Life prolonging procedures include assistance with breathing when you cannot breathe on your own, performing operations or prescribing antibiotics that cannot realistically increase your chance of recovery, starting your heart mechanically when it has stopped beating, or feeding you through a tube, etc.

In Nevada, a physician must follow the terms of your Living Will (Declaration) when:

You have an incurable and irreversible condition that, without the administration of life-sustaining treatment, will result in death within a relatively short time; and

You are not able to communicate your desires, such as if you are in a coma.

A Living Will can be very specific or very general. An example of a statement sometimes found in a Living Will is: “If I suffer an incurable, irreversible illness, disease, or condition and my attending physician determines that my condition is terminal, I direct that life-sustaining measures that would serve only to prolong my dying be withheld or discontinued.”

In Nevada, in order to qualify for the remedy of disgorgement of profits, one must plead and prove:

  1. Defendant owes another a fiduciary duty;
  2. Defendant has breached the fiduciary duty and profited thereby;
  3. Causation and damages; and
  4. Plaintiff is entitled to have Defendant disgorge profits which are the result of his breach.

G.K. Las Vegas Ltd. P’ship v. Simon Prop. Grp., 671 F. Supp. 2d 1203 (D. Nev. 2009); Alley v. Nevada Real Estate Div., 94 Nev. 123, 125; 575 P.2d 1334, 1335 (1978); Women’s Fed. Savings and Loan Assoc. V. Nevada Nat’l Bank, 81 F.2d 1255, 1260 (9th Cir. 1987); Holland Realty Inv. Co. v. State of Nevada, Dept. of Commerce, Real Estate Div., 84 Nev. 91, 97-98; 436 P.2d 422, 425-26 (1968).


See elements for other claims at the Nevada Law Library

In Nevada, a Lis Pendens is a document recorded with the recorder’s office giving all the world constructive notice that the plaintiff in a lawsuit claims an interest in certain real property.  The recording of a lis pendens requires that the lawsuit involves some claim legal interest in the real property, such as a title dispute, a line dispute, or a lien foreclosure.  In re Bradshaw, 315 B.R. 875 (Bkrtcy. D. Nev.2004); see also NRS 14.010 (a party to a civil action “for the foreclosure of a mortgage upon real property or affecting title or possession of real property” may record a lis pendens).  A lis pendens may not properly be used to obtain lien or judgment against the property which can later be used in the eventual collection of a judgment.  Levinson v. Eighth Jud. Dist. Ct., 1109 Nev. 747, 857 P.2d 18, 20-21 (1993).    “As a general proposition, lis pendens are not appropriate instruments for use in promoting recoveries in actions for personal or money judgments; rather, their office is to prevent the transfer or loss of real property which is the subject of dispute in the action that provides the basis for the lis pendens.”  Levinson, 857 P.2d at 20.  NRS 14.015(2), (3); NGA#2, LLC v. Rains, 113 Nev. 151, 163 (1997).


See elements for other claims at the Nevada Law Library

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