Nevada Litigation Toolbox

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The Litigation Toolbox

The Litigation Toolbox

I am a Nevada business litigator, arbitrator, and mediator with experience litigating thousands of disputes as a litigator, arbitrator, Judge Pro Tem, and Special Master. This Litigation Toolbox is designed to assist those involved in litigation in Nevada or federally to navigate the process. My aim is for this Toolbox to be a knowledge resource center for litigants and advocates, and for those trying to understand the process better.  Please feel free to reach out to me if there are resources that should be added to this Toolbox.

RULES & COURT INFORMATION

Nevada Rules of Civil Procedure (NRCP)
Rules of Practice for the Eighth Judicial District Courts (EDCR)
Nevada Arbitration Rules (NAR)
Nevada Short Trial Rules
Federal Rules of Civil Procedure
Local Rules of Practice, U.S. District Court of Nevada
Federal Rules of Evidence
SCOTUSBlog
Nevada Supreme Court
Nevada Supreme Court Library
Eighth Judicial District Court Blog

IMPORTANT STATUTES

Nevada Revised Statutes
Statutory Interpretation by Nevada Courts
Disputable Presumption in Nevada Law
Receiver Statute:  NRS Chapter 32
Injunctions:  NRS Chapter 33
Trade Secrets, Misappropriation of; Uniform Trade Secrets Act Violation; NRS Chapter 600A
Nevada Revised Statutes, Chapter 38 (Uniform Arbitration Act of 2000)
Nevada Statutes of Limitation

PRO HAC VICE

Supreme Court Rule 42
Sample Pro Hac Vice Application (.pdf)
Samnple Pro Hac Vice Application (Word)
Pro Hac Vice Sample Motion to Associate (Word)
Pro Hac Vice Sample Order Admitting (Word)
Certificate of Good Standing Request Form

DISCOVERY

Sample Objections to Written Discovery
Responding to Discovery “Subject to” Objections
Piggyback Discovery Requests: “Produce All Documents Produced in Prior Litigation”
A Litigator’s Guide to Nevada Evidentiary Objections (2nd Edition)
A Litigator’s Guide to Nevada Rules of Evidence (2nd Edition)
Objecting to Discovery Commissioner’s Report
Beware of Taking a Break During a Deposition in Nevada
Discovery Commissioner’s Opinion #11 (April 2003) – Olivarez v Rebel Oil Co.
Discovery Commissioner’s Opinion #10 (November 2001) – Alboum v. Koe, M.D., et al.
Discovery Commissioner’s Opinion #9 (June 1992) – Legardy v. Las Vegas Metro. Police Dept.
Discovery Commissioner’s Opinion #8 (September 1990) – Houk v. Wet ‘N Wild
Discovery Commissioner’s Opinion #7 (July 1990) – Amer. Cas. v. Hotel and Rest. Emp. and Bartenders Int’l Union Welfare Fund, et al.
Discovery Commissioner’s Opinion #6 (July 1989) – Wilburn v. Caterpillar
Discovery Commissioner’s Opinion #5 (March 1989) – Mitchell v. Simkins
Discovery Commissioner’s Opinion #4 (March 1989) – Assoc., Capital Serv. v. Ponderosa Lawn Servi.
Discovery Commissioner’s Opinion #3 (August 1988) – Dillon v. Brown
Discovery Commissioner’s Opinion #2 (August 1988) – Grassinger v. Trudel
Discovery Commissioner’s Opinion #1 (June 1988) – Moyns v. Creviston
See the excellent Compelling Discovery Blog by Michael Lowry here

PRACTICAL KNOWLEDGE DATABASE

What Should You Do If You Have Been Sued?
To Sue or Not to Sue
How Do I Respond to A Subpoena in Nevada?
Attorney Fees, Pleading as Special Damages
Parol Evidence Rule
Injunctive Relief (Temporary Restraining Order, Preliminary and Permanent Injunction)
Appointment Of A Receiver
Nevada Contract Outline With Caselaw
Nevada Contract Law: A Digest
5 Things to Consider Before Signing The Contract
Is An Electronic Signature (E-Signature) On A Contract Valid In Nevada?
Are Oral Contracts Enforceable?
Can a Minor Enforce a Contract?
Punitive Damages in Federal Court
Punitive Damages
Usury in Nevada
Libel and Slander: What You Need to Know
Impeaching a Witness With Prior Testimony:  A How-To Guide
Judgment Debtor Exams
How to Collect on a Judgment
Charging Orders: Post-Judgment Remedy

JURY INSTRUCTIONS

Nevada Jury Instructions
Ninth Circuit Civil Jury Instructions

RESOURCES TO ASSIST IN UNDERSTANDING THE RULES

Nevada State Court Civil Litigation Checklist (2nd Edition)
A Litigator’s Guide to Nevada Evidentiary Objections (2nd Edition)
A Litigator’s Guide to Nevada Rules of Evidence (2nd Edition)
Federal Court Civil Litigation Checklist
A Litigator’s Guide to Federal Evidentiary Objections
A Litigator’s Guide to Federal Rules of Evidence
The Self-Help Guide to Federal Court Civil Litigation
The Self-Help Guide to Federal Evidentiary Objections
The Self-Help Guide to Federal Rules of Evidence

NEVADA CAUSES OF ACTION, ELEMENTS OF CLAIMS, REMEDIES, THEORIES OF LIABILITY, AND DEFENSES

These posts do not constitute legal counsel.  No guarantee is given that the law is as stated in these posts, as the law is constantly changing.  This is meant to be a resource to allow you to become familiar with Nevada causes of action. Before relying on any post below, you should conduct your own research or seek competent counsel.

A

Abuse of Process
Abuse/Exploitation of Elderly
Accord and Satisfaction
Accounting, a Remedy
Agent, Negligence of
Aiding and Abetting
Aiding and Abetting Another’s Breach of a Fiduciary Duty
Alter Ego; Piercing the Corporate Veil
Anticipatory Repudiation
Appointment of A Receiver
Appropriation of the Name or Likeness of Another; Invasion of Privacy
Assault
Attorney Fees, Pleading as Special Damages

B

Bad Faith; Breach of the Covenant of Good Faith and Fair Dealing—Contract
Bad Faith Discharge; Wrongful Termination; Tortious Discharge
Bailment; Negligent Entrustment
Battery
Breach of Confidential Relationship
Breach of Contract
Breach of Duty of Loyalty
Breach of Express Warranty
Breach of Fiduciary Duty
Breach of Fiduciary Duty; Aiding and Abetting Another’s
Breach of Fiduciary Duty; Breach of the Duty of Loyalty; Usurpation of Corporate Opportunity; the Corporate Opportunity Doctrine
Breach of Implied Warranty of Merchantability
Breach of the Covenant of Good Faith and Fair Dealing—Contract
Breach of the Covenant of Good Faith and Fair Dealing—Tort
Breach of the Covenant Not To Compete; Anti-Competition Covenant; Restrictive Covenant
Breach of the Implied Warranty of Habitability
Breach of Warranty of Fitness for a Particular Purpose
Business Disparagement
Business Judgement Rule

C

Civil Conspiracy
Comparative Negligence
Compete, Breach of the Covenant Not To; Anti-Competition Covenant; Restrictive Covenant
Competition, Unfair; Lanham Act Violation; False Designation of Origin, Description, and Dilution
Concert of Action
Constructive Discharge; Tortious Discharge; Wrongful Discharge
Constructive Fraud
Constructive Trust
Contract: Specific Performance; a Remedy
Contract Ambiguity; Contra Proferentem; The Ambiguity Doctrine
Contract Construction and Interpretation by Courts
Contract Damages Analysis
Contract Elements: Offer
Contract Elements: Acceptance
Contract Elements: Consideration
Contract Repudiation; Anticipatory Repudiation
Contract Unconscionability
Conversion (Theft)
Corporate Opportunity Doctrine; Breach of the Duty of Loyalty; Usurpation of Corporate Opportunity
Covenant of Good Faith and Fair Dealing—Contract; Breach of
Covenant of Good Faith and Fair Dealing—Tort; Breach of

D

Death, Wrongful
Deceptive Trade Practices Act
Declaratory Relief
Defamation
Defamation; Business Disparagement
Defamation by Libel
Defamation by Slander
Defamation Per Se
Defect, Strict Product Liability
Defect, Strict Product Liability (with caselaw)
Deficiency Judgment
Discharge, Bad Faith; Wrongful Termination; Tortious Discharge
Discharge, Tortious; Constructive Discharge; Wrongful Discharge
Discrimination, Employment
Discrimination, Employment; Retaliatory Discharge; Wrongful Termination
Disgorgement of Profits; a Remedy
Disparagement of a Business
Disputable Presumptions

E

Elder Abuse or Exploitation
Election of Remedies
Emotional Distress, Intentional Infliction of; Tort of Outrage
Emotional Distress, Negligent Infliction of
Employment; Negligent Hiring, Retention, and Supervision
Employment; Tortious Discharge; Constructive Discharge; Wrongful Discharge
Employment Discrimination
Employment Discrimination; Retaliatory Discharge; Wrongful Termination
Equitable Estoppel; Promissory Estoppel
Equitable Liens
Exploitation of the Elderly; Elder Abuse

F

False Advertising; Lanham Act Violation; Unfair Competition
False ImprisonmentFalse Designation of Origin, Description, and Dilution; Lanham Act Violation; Unfair Competition
False Light, Disclosure of; Invasion of Privacy
Fraud (Intentional Misrepresentation)
Fraud; Promise Without Intent To Perform
Fraud, Constructive
Fraud In The Inducement
Fraudulent Concealment
Fraudulent Transfer

G

Good Faith and Fair Dealing—Contract; Breach of Covenant of  
Good Faith and Fair Dealing—Tort; Breach of Covenant of
Gross Negligence

H

I

Imprisonment, False
Indemnity
Infliction of Emotional Distress, Intentional; Tort of Outrage
Infliction of Emotional Distress, Negligent
Injunctions:  NRS Chapter 33
Injunctive Relief (Temporary Restraining Order, Preliminary and Permanent Injunction)
Intentional Misrepresentation (Fraud)
Interference With Contractual Relations
Interference With Prospective Economic Advantage or Prospective Contractual Relationship
Intrusion Upon the Seclusion of Another; Invasion of Privacy
Invasion of Privacy Through Disclosure of False Light
Invasion of the Right of Publicity; Appropriation of the Name or Likeness of Another

J

Jury Instructions (Nevada Claims Elements)

K

L

Laches; a Defense
Lanham Act Violation; False Advertising; Unfair Competition
Lanham Act Violation; False Designation of Origin, Description, and Dilution; Unfair Competition
Libel
Libel Per Se
Lien, Equitable
Liquidated Damages; A Remedy
Lis Pendens
Loyalty, Breach of the Duty of; Usurpation of Corporate Opportunity; the Corporate Opportunity Doctrine

M

Malicious Prosecution
Malpractice; Professional Negligence
Merchantability; Breach of Implied Warranty of
Misappropriation of Trade Secrets; Uniform Trade Secrets Act Violation; NRS Chapter 600A
Mistake, Mutual; a Defense
Mistake, Unilateral; a Defense
Misrepresentation, Intentional (Fraud)
Misrepresentation, Negligent
Misrepresentation, Negligent (With Caselaw)
Mitigation of Damages; a Defense
Mutual Mistake; a Defense

N

Negligence
Negligence, Comparative
Negligence, Gross
Negligence of Agent/Agency Relationship
Negligence Per Se
Negligent Entrustment; Bailment
Negligent Hiring, Retention, and Supervision
Negligent Infliction of Emotional Distress
Negligent Misrepresentation
Negligent Misrepresentation (With Caselaw)
Nuisance

O

P

Parol Evidence Rule
Per Se Defamation
Per Se Negligence
Premises Liability
Presumptions, Disputable
Privacy, Invasion of; Disclosure of False Light
Privacy, Invasion of; Intrusion Upon the Seclusion of Another
Process, Abuse of
Product Defect Liability
Product Defect Liability (with caselaw)
Professional Negligence (Malpractice)
Profits, Disgorgement of; a Remedy
Promissory Estoppel; Equitable Estoppel
Prosecution, Malicious
Publicity, Invasion of the Right of; Appropriation of the Name or Likeness of Another
Punitive Damages

Q

Quantum Meruit; Quasi Contract; Unjust Enrichment;
Quiet Title

R

Racketeering Influenced and Corrupt Organizations Act (RICO)
Receiver, Appointment of
Receiver Statute:  NRS Chapter 32
Repudiation, Anticipatory
Res Ipsa Loquitur
Rescission, a Remedy
Restraining Orders: Injunctive Relief (Temporary Restraining Order, Preliminary and Permanent Injunction)
Respondeat Superior; Vicarious Liability
Retaliatory Discharge, Employment Discrimination, Wrongful Termination
RICO (Racketeering Influenced and Corrupt Organizations Act)

S

Slander
Slander of Title
Specific Performance; a Remedy
Statutes of Limitation
Strict Product Liability
Strict Product Liability (with caselaw)

T

Theft; Conversion
Title, Slander of
Tortious Discharge; Wrongful Termination; Bad Faith Discharge
Trade Secrets, Misappropriation of; Uniform Trade Secrets Act Violation; NRS Chapter 600A
Trademark Infringement
Trespass
Trust, Constructive

 U

Unclean Hands; a Defense
Unfair Competition; False Advertising; Lanham Act Violation
Unfair Competition; False Designation of Origin, Description, and Dilution; Lanham Act Violation
Uniform Trade Secrets Act Violation; NRS Chapter 600A; Misappropriation of Trade Secrets
Unilateral Mistake; a Defense
Unjust Enrichment; Quantum Meruit; Quasi Contract
Usury in Nevada
Usurpation of Corporate Opportunity; the Corporate Opportunity Doctrine; Breach of the Duty of Loyalty

V

Vicarious Liability; Respondeat Superior

W

Waiver; a Defense
Warranty, Breach of Express
Warranty of Fitness for a Particular Purpose, Breach of
Warranty of Habitability, Breach of the Implied
Warranty of Merchantability; Breach of
Waste
Wrongful Death
Wrongful Discharge; Tortious Discharge; Constructive Discharge
Wrongful Termination; Bad Faith Discharge; Tortious Discharge
Wrongful Termination; Retaliatory Discharge, Employment Discrimination

X

Y

Z

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. Peers have named him an AV-Rated Lawyer, Best Lawyers, a Top 100 Super Lawyers in the Mountain States multiple years, and to the Legal Elite and Top Lawyers lists for many years. Mr. Young has been appointed a part time Judge, a Special Master to the Clark County, Nevada Business Court, as an arbitrator by the Nevada Supreme Court. He has been appointed as an arbitrator or mediator of well over 250 legal disputes from business disputes to personal injury matters. He has been named Best Lawyers for Arbitration. Mr. Young is a respected author of ten books, including A Litigator’s Guide to Federal Evidentiary Objections, A Litigator’s Guide to the Federal Rules of Evidence, and the Federal Court Civil Litigation Checklist.
Mr. Young can be reached at 702.667.4868 or at jay@h2law.com.