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Month: July 2016

The Nevada Legislature Defines “Arbitrator”

Posted on July 12, 2016January 9, 2024 By Jay Young No Comments on The Nevada Legislature Defines “Arbitrator”

Nevada Revised Statutes, NRS 38.209  “Arbitrator” defined.  “Arbitrator” means an individual appointed to render an award, alone or with others, in a controversy that is subject to an agreement to arbitrate. (Added to NRS by 2001, 1274) Jay YoungHon. Jay Young (Ret.) is a retired judicial officer with decades of experience presiding over complex civil litigation matters. Following…

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Arbitration Arbitrator, Business Law, Corporate Governance, Employment Law, Litigation, Mediation Mediator

Elements for a Claim of Quiet Title

Posted on July 9, 2016 By Jay Young 2 Comments on Elements for a Claim of Quiet Title

In Nevada, the elements for a claim of quiet title are: Action may be brought by any person against another who claims an estate or interest in real property, adverse to him, for the purpose of determining such adverse claims. NRS  40.010;  “A plea to quiet title does not require any particular elements, but each…

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Litigation

Mediation and Arbitration of Claims Related to Residential Property Within Common-Interest Community (HOA)

Posted on July 7, 2016 By Jay Young No Comments on Mediation and Arbitration of Claims Related to Residential Property Within Common-Interest Community (HOA)

MEDIATION AND ARBITRATION OF CLAIMS RELATING TO RESIDENTIAL PROPERTY WITHIN COMMON-INTEREST COMMUNITY

 

NRS 38.300  Definitions.  As used in NRS 38.300 to 38.360, inclusive, unless the context otherwise requires:

1.  “Assessments” means:

(a) Any charge which an association may impose against an owner of residential property pursuant to a declaration of covenants, conditions and restrictions, including any late charges, interest and costs of collecting the charges; and

(b) Any penalties, fines, fees and other charges which may be imposed by an association pursuant to paragraphs (j) to (n), inclusive, of subsection 1 of NRS 116.3102 or subsections 10, 11 and 12 of NRS 116B.420.

2.  “Association” has the meaning ascribed to it in NRS 116.011 or 116B.030.

3.  “Civil action” includes an action for money damages or equitable relief. The term does not include an action in equity for injunctive relief in which there is an immediate threat of irreparable harm, or an action relating to the title to residential property.

4.  “Division” means the Real Estate Division of the Department of Business and Industry.

5.  “Program” means a program established by the Division under which a person, including, without limitation, a referee or hearing officer, can render decisions on disputes relating to:

(a) The interpretation, application or enforcement of any covenants, conditions or restrictions applicable to residential property or any bylaws, rules or regulations adopted by an association; or

(b) The procedures used for increasing, decreasing or imposing additional assessments upon residential property.

6.  “Residential property” includes, but is not limited to, real estate within a planned community subject to the provisions of chapter 116 of NRS or real estate within a condominium hotel subject to the provisions of chapter 116B of NRS. The term does not include commercial property if no portion thereof contains property which is used for residential purposes.

(Added to NRS by 1995, 1416; A 2003, 2251, 2274; 2007, 2277; 2013, 2295)

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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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Elements for a Claim of Res Ipsa Loquitur

Posted on July 1, 2016October 17, 2024 By Jay Young No Comments on Elements for a Claim of Res Ipsa Loquitur

In Nevada, the elements for a claim of the tort of res ipsa loquitur (latin for “the thing speaks for itself”) are: First, that events are the kind of events that ordinarily do not occur in the absence of someone’s negligence; The events were caused by an agency or instrumentality in the exclusive control of…

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