Jay Young | Top Las Vegas Mediator, Arbitrator & Special Master
In Nevada, the elements for a claim of civil assault are: Intentionally placing another person in reasonable apprehension of immediate harmful or offensive touching; Offender intended to cause harmful or offensive touching; Lack of consent for the contact; The victim was put in apprehension of such contact; and Causation and damages. Graham v. Connor, 490…
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In Nevada, the elements for a claim of negligence are: Defendant owed a duty of care to plaintiff; Defendant breached that duty; The breach was the legal cause of plaintiff’s injuries; and Plaintiff suffered damages. Turner v. Mandaly Sports Entm’t, LLC, 124 Nev. 213, 180 P.3d 1172 (2008); Scialabba v. Brandise Construction Co., 112 Nev….
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In Nevada, the defense of unilateral mistake is available where: Mistake made by one party at the time of formation of a contract concerning a vital fact upon which they based their bargain; The mistake materially and adversely alters the contract; That party does not bear the risk of mistake; and The other party has…
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In Nevada, the defense of mutual mistake (or bilateral mistake) is available where: Mistake made by both parties at the time of formation of a contract concerning a vital fact upon which they based their bargain; The mistake materially and adversely alters the contract; and Conscious ignorance cannot support a mutual mistake defense. In re…
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In Nevada, the elements for a claim of defamation per se are: Defendants, and each of them, made at least one false statement of fact to a third party concerning Plaintiff (each a “Defamatory Statement”); Each Defamatory Statement constitutes a non-privileged publication to a third party; [ALTERNATIVE] Defendants, and each of them, made at least…
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In Nevada, a plaintiff must take reasonable steps mitigate damages, which means to minimize the effects and loss related to his or her injuries/damages. Dillard’s Dep’t Stores, Inc. v. Beckwith, 989 P.2d 882, (Nev. 1999); NRS 118.175; James Hardie Gypsum (Nevada), Inc. v. Inquipco, 112 Nev. 1397, 929 P.2d 903 (1996) (“As a general rule,…
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In order to claim a deficiency judgment, a party must follow NRS 40.455, NRS 457, and NRS 459. Specifically, a party must: Application by judgment creditor or beneficiary of trust within 6 months after the date of foreclosure sale or trustee sale per NRS 107.080. (NRS 40.455); Showing that there is a deficiency. (NRS 40.457);…
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