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Month: September 2015

Deceptive Trade Practices Statutes

Posted on September 24, 2015January 9, 2024 By Jay Young No Comments on Deceptive Trade Practices Statutes

UNFAIR TRADE PRACTICES

In Nevada, the elements for a claim of deceptive trade practices are found in the following statutes:

NRS 598.0915 “Deceptive trade practice” defined.  A person engages in a “deceptive trade practice” if, in the course of his or her business or occupation, he or she:

1.  Knowingly passes off goods or services for sale or lease as those of another person.

2.  Knowingly makes a false representation as to the source, sponsorship, approval or certification of goods or services for sale or lease.

3.  Knowingly makes a false representation as to affiliation, connection, association with or certification by another person.

4.  Uses deceptive representations or designations of geographic origin in connection with goods or services for sale or lease.

5.  Knowingly makes a false representation as to the characteristics, ingredients, uses, benefits, alterations or quantities of goods or services for sale or lease or a false representation as to the sponsorship, approval, status, affiliation or connection of a person therewith.

6.  Represents that goods for sale or lease are original or new if he or she knows or should know that they are deteriorated, altered, reconditioned, reclaimed, used or secondhand.

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Jay Young | Retired Las Vegas, Nevada Judge | Mediator | Arbitrator | Special Master
Jay Young

Hon. Jay Young (Ret.) is a retired judicial officer with decades of experience presiding over complex civil litigation matters. Following a distinguished career on the bench, Judge Young now serves as a mediator, arbitrator, and court‑appointed special master, and discovery referee.  Judge Young brings a disciplined, impartial, and results‑oriented approach to dispute resolution. Judge Young is based in Nevada and accepts appointments statewide and nationally, subject to agreement or court order. He can be reached at 855.777.4557 or info@armadr.com

Known for judicial temperament, analytical rigor, and practical problem‑solving, Judge Young assists litigants and counsel in resolving high‑stakes disputes efficiently and with integrity and employing best practices. He is recognized by U.S. News and World Report’s publication Best Lawyers as Arbitration Lawyer of the Year.

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Business Law, J, Jay Young, Top Las Vegas, Nevada Mediator and Arbitrator, Litigation

Due Diligence Checklist For Purchasing a Business

Posted on September 22, 2015 By Jay Young No Comments on Due Diligence Checklist For Purchasing a Business

So, you are thinking of buying a business?  What types of documentation or information should you be seeking from the seller before you agree on a price, sign documents, or pay any money?  This list will get you started: Seller entity information Documents necessary to discover the seller’s full financial Information Physical Assets of the…

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Business Law, Corporate Governance, Franchise Law, J, Jay Young, Top Las Vegas, Nevada Mediator and Arbitrator

Elements for a Claim of Intentional Interference with Prospective Economic Advantage or Contractual Relationship

Posted on September 19, 2015January 9, 2024 By Jay Young No Comments on Elements for a Claim of Intentional Interference with Prospective Economic Advantage or Contractual Relationship

In Nevada, the elements for a claim of intentional interference with prospective economic advantage (sometimes called intentional interference with prospective economic interest or prospective contractual relationship) are: A prospective contractual relationship between plaintiff and a third party; Defendant has knowledge of the prospective relationship; The intent to harm plaintiff by preventing the relationship; The absence…

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Business Law, Franchise Law, J, Jay Young, Top Las Vegas, Nevada Mediator and Arbitrator, Litigation

Elements for a Claim of Conversion

Posted on September 17, 2015January 9, 2024 By Jay Young No Comments on Elements for a Claim of Conversion

In Nevada, the elements for a claim of conversion are: A distinct and intentional act of dominion by one which is wrongfully exerted over the property of another; Act committed in denial of, or inconsistent with the rightful owner’s use and enjoyment of the property; Act committed in derogation, exclusion, or defiance of the owner’s…

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J, Jay Young, Top Las Vegas, Nevada Mediator and Arbitrator, Litigation

Elements for a Claim of Imposition of a Constructive Trust

Posted on September 10, 2015January 9, 2024 By Jay Young 1 Comment on Elements for a Claim of Imposition of a Constructive Trust

In Nevada, one must prove the following in order for a court to impose a constructive trust:

  1. A confidential relationship between the parties;
  2. Retention of legal title by defendant against plaintiff would be inequitable under the circumstances; and
  3. Existence of trust is essential to the effectuation of justice.

Locken v. Locken, 98 Nev. 369, 650 P.2d 803 (1982).

Read More “Elements for a Claim of Imposition of a Constructive Trust” »

Jay Young | Retired Las Vegas, Nevada Judge | Mediator | Arbitrator | Special Master
Jay Young

Hon. Jay Young (Ret.) is a retired judicial officer with decades of experience presiding over complex civil litigation matters. Following a distinguished career on the bench, Judge Young now serves as a mediator, arbitrator, and court‑appointed special master, and discovery referee.  Judge Young brings a disciplined, impartial, and results‑oriented approach to dispute resolution. Judge Young is based in Nevada and accepts appointments statewide and nationally, subject to agreement or court order. He can be reached at 855.777.4557 or info@armadr.com

Known for judicial temperament, analytical rigor, and practical problem‑solving, Judge Young assists litigants and counsel in resolving high‑stakes disputes efficiently and with integrity and employing best practices. He is recognized by U.S. News and World Report’s publication Best Lawyers as Arbitration Lawyer of the Year.

nevadalawinfo.wordpress.com

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J, Jay Young, Top Las Vegas, Nevada Mediator and Arbitrator

Elements for a Claim of False Imprisonment

Posted on September 9, 2015January 9, 2024 By Jay Young No Comments on Elements for a Claim of False Imprisonment

In Nevada, the elements for a claim of false imprisonment are: Defendant acts with the intention to confine another person within boundaries that are fixed by the defendant; The act is against the will of the plaintiff in such a manner as to violate the plaintiff’s right to be free from restraint of movement; Defendant…

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J, Jay Young, Top Las Vegas, Nevada Mediator and Arbitrator, Litigation

Elements for a Claim of Fraud in the Inducement

Posted on September 3, 2015January 9, 2024 By Jay Young No Comments on Elements for a Claim of Fraud in the Inducement

In Nevada, the elements for a claim of fraud in the inducement of a contract are: False representation made by defendant; Defendant’s knowledge or belief that the representation was false (or knowledge that it had an insufficient basis for making the representation); Defendant’s intention to induce plaintiff to consent to formation of contract; Plaintiff’s justifiable…

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Business Law, J, Jay Young, Top Las Vegas, Nevada Mediator and Arbitrator, Litigation

Elements for a Claim of Constructive Discharge

Posted on September 3, 2015January 9, 2024 By Jay Young No Comments on Elements for a Claim of Constructive Discharge

In Nevada, the elements for a claim of constructive discharge (also known sometimes as tortious discharge) are: The employee’s resignation was induced by actions and working conditions by the employer which are so intolerable as to amount to firing despite a lack of termination. The actions of the employer violate public policy; Objectively difficult or…

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Business Law, Employment Law, Franchise Law, J, Jay Young, Top Las Vegas, Nevada Mediator and Arbitrator, Litigation

Elements for a Claim of Fraud (Intentional Misrepresentation)

Posted on September 2, 2015January 9, 2024 By Jay Young 1 Comment on Elements for a Claim of Fraud (Intentional Misrepresentation)

In Nevada, the elements for a claim of fraud or intentional misrepresentation are: Defendant makes a false representation or misrepresentation as to a past or existing fact; With knowledge or belief by defendant that representation is false or that defendant lacks sufficient basis of information to make the representation; Defendant intended to induce plaintiff to…

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J, Jay Young, Top Las Vegas, Nevada Mediator and Arbitrator, Litigation

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