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In Nevada, the defense of laches is available where delay by one party results in a disadvantage to the other such that the party seeking the defense of laches had a change in circumstances which would make granting relief to the delaying party inequitable.  Building & Constr. Trades v. Public Works, 108 Nev. 605,839 P.2d 633, 637 (1992).  The delay must cause actual prejudice.  Memory Gardens v. Pet Ponderosas, 88 Nev. 1, 4, 492 P.2d 123, 124 (1972).  The condition of the party asserting laches must become drastically altered, whereby it cannot be restored to its former state.  State v. Rosenthal, 107 Nev. 772, 819 P.2d 1296 (1991).  In circumstances where the statute of limitations has not run on an action, especially strong circumstances must exist to sustain the defense of laches.  Building & Constr. Trades v. Public Works, 108 Nev. 605,839 P.2d 633, 637 (1992).

 

See elements for other claims at the Nevada Law Library

About the Author

Jay Young is a Las Vegas, Nevada attorney. His practice focuses on business law, business litigation, and acting as an Arbitrator and Mediator.

Mr. Young can be reached at 702.667.4868 or at jay@h2law.com.