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Year: 2016

Elements for the Claim of Professional Negligence (Malpractice)

Posted on August 1, 2016January 9, 2024 By Jay Young No Comments on Elements for the Claim of Professional Negligence (Malpractice)

In Nevada, the elements for a claim of professional negligence or malpractice (not including medical malpractice) are: Defendant owes plaintiff duty to exercise due care toward plaintiff; Defendant had a heightened duty to use such skill, prudence, and diligence as other members of the profession commonly possess and exercise Defendant breached the duty of care;…

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Litigation

Nevada Supreme Court Defines “Arbitration”

Posted on August 1, 2016January 9, 2024 By Jay Young No Comments on Nevada Supreme Court Defines “Arbitration”

Nevada’s Rules Governing Alternative Dispute Resolution defines Arbitration as: “Arbitration” means a process whereby a neutral third person, called an arbitrator, considers the facts and arguments presented by the parties and renders a decision, which may be binding or nonbinding as provided in these rules. Jay YoungHon. Jay Young (Ret.) is a retired judicial officer…

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Arbitration Arbitrator, Business Law, Litigation, Mediation Mediator

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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Litigation

Elements for the Remedy of Rescission

Posted on June 29, 2016January 9, 2024 By Jay Young No Comments on Elements for the Remedy of Rescission

In Nevada, rescission is a remedy which allows the harmed party, either through unilateral action, or through the institution of a suit in equity, to abrogate or cancel a contract totally, returning the parties to the positions they held prior to the execution of the contract. Existence of fraud, mutual mistake, false representations, impossibility of…

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Litigation

Elements for a Claim of Retaliatory Discharge

Posted on June 2, 2016January 9, 2024 By Jay Young No Comments on Elements for a Claim of Retaliatory Discharge

EMPLOYMENT DISCRIMINATION AND WRONGFUL TERMINATION In Nevada, the elements for a claim of retaliatory discharge (sometimes called employment discrimination, wrongful discharge, or tortious discharge) are: Employee engaged in protected activity while employed (such as filing a discrimination charge or opposing unlawful employer practices); Employee suffered an adverse employment action by the employer; The protected activity…

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Business Law, Employment Law, Litigation

Elements for a Claim of RICO (Racketeer Influenced and Corrupt Organizations Act, NRS 207.470)

Posted on May 28, 2016January 9, 2024 By Jay Young No Comments on Elements for a Claim of RICO (Racketeer Influenced and Corrupt Organizations Act, NRS 207.470)

In Nevada, the elements for a claim of civil RICO violations (Racketeering Influenced and Corrupt Organizations Act) are: Defendants engaged in racketeering activities as defined in NRS 207.390 and a racketeering enterprise as is defined in NRS 207.380; Defendants acting directly, and in conspiracy with one another or through their syndicate, participated directly in racketeering…

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Business Law, Litigation

Meet Jay Young

Posted on May 22, 2016April 1, 2026 By Jay Young No Comments on Meet Jay Young

Hon. Jay Young (Ret.) is a highly respected mediator, arbitrator, and special master with over 30 years of experience. Praised for his professionalism and effectiveness, he has successfully resolved numerous complex legal disputes. An accomplished author and legal educator, Jay has contributed significantly to alternative dispute resolution and mentoring within the legal community.

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Alternative Dispute Resolution, Arbitration Arbitrator, Jay Young, Top Las Vegas, Nevada Mediator and Arbitrator, Litigation, Mediation Mediator

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