Year: 2016

Elements for the Defense of Waiver in Nevada

March 24, 2016January 9, 2024 Jay Young No Comments

In Nevada, the defense of waiver is available where: A voluntary and intentional express or implied relinquishment of a known right; and Made with full knowledge of all material facts. Udevco, Inc. v. Wagner, 100 Nev. 185, 189, 678 P.2d 679, 682 (1984). Jay YoungHon. Jay Young (Ret.) is a retired judicial officer with decades…

Usury Laws in Nevada

March 22, 2016 Jay Young No Comments

Generally

Nevada has no limit on the rate of interest to which parties may agree so long as the agreement reflects an arms-length transaction.[1] Further, Nevada allows compound interest on loans.[2]

Pawnbrokers and Short Term Loans

Although Nevada does not have a general limitation on interest rates, certain transactions and business are subject to interest rate and other restrictions. Pawnbrokers are prohibited from charging more than 13% interest per month on any loan of money secured by personal property

Elements for the Claim of Unjust Enrichment in Nevada

March 19, 2016January 9, 2024 Jay Young No Comments

QUANTUM MERUIT OR QUASI CONTRACT In Nevada, the elements for a claim unjust enrichment or quantum meruit are: A benefit has been conferred upon the defendant; Defendant appreciated the benefit; Defendant accepted and retained the benefit under circumstances where it would be inequitable for Defendant to retain the benefit without the payment of value for…

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

Elements for the Claim of Usurpation of Corporate Opportunity in Nevada

March 17, 2016January 9, 2024 Jay Young No Comments

In Nevada, the elements for a claim usurpation of corporate opportunity are: Defendant is a fiduciary to a company; Defendant appropriates for her own use, an opportunity that should belong to the company; The competing business is operated to the detriment of the Plaintiff company; Defendant has an interest or expectancy in the competing business’s…

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

The Unclean Hands Doctrine in Nevada

March 12, 2016January 9, 2024 Jay Young No Comments

In Nevada, the defense of the doctrine of unclean hands “derives from the equitable maxim that ‘he who comes into equity must come with clean hands.’ ” Omega Industries, Inc. v. Raffaele, 894 F.Supp. 1425, 1431 (D.Nev.1995) (quoting Ellenburg v. Brockway, Inc., 763 F.2d 1091, 1097 (9th Cir. 1985)). The doctrine bars relief to a party…

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

Elements for a Claim of Unfair Competition (False Designation of Origin, Description, and Dilution)

March 10, 2016January 9, 2024 Jay Young No Comments

The Lanham Act prohibits unfair competition. See 15 U.S.C. § 1125. 15 U.S.C. § 1125. False designations of origin, false descriptions, and dilution forbidden (a) Civil action (1) Any person who, on or in connection with any goods or services, or any container for goods, uses in commerce any word, term, name, symbol, or devise,…

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

Elements for a Claim of Trespass in Nevada

March 5, 2016January 9, 2024 Jay Young 3 Comments

In Nevada, the elements for a claim civil trespass are: Invasion upon property of another; Defendant acted intentionally to intrude; and Causation and damages. Bradley v. Am. Smelting & Ref. Co., 104 Wash.2d 677, 692-693 (1985); Lied v. Clark County, 94 Nev. 171, 173-174, 579 P.2d 275 (1978). Jay YoungHon. Jay Young (Ret.) is a…

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

Elements for a Claim of Unfair Competition (False Advertising)

March 3, 2016January 9, 2024 Jay Young No Comments

The elements of a Lanham Act false advertising claim are as follows:

the defendant made a false or misleading statement of fact in a commercial advertisement about a product;
the statement either deceived or had the capacity to deceive a substantial segment of potential consumers;
the deception is material, in that it is likely to influence the consumer’s purchasing decision;
the product is in interstate commerce; and
the plaintiff has been or is likely to be injured as a result of the statement.

See, e.g., Cook, Perkiss and Liehe, Inc. v. N. Cal. Collection Serv., Inc., 911 F.2d 242, 244 (9th Cir. 2000); Clorox Co. Puerto Rico v. Procter & Gamble Commercial Co., 228 F.3d 24, 33 n.6 (1st Cir. 2000); Pizza Hut, Inc. v. Papa John’s Int’l, Inc., 227 F.3d 489, 495 (5th Cir. 2000); Balance Dynamics Corp. v. Schmitt Indus., 204 F.3d 683, 689 (6th Cir. 2000); United Indus. Corp. v. Clorox Co., 140 F.3d 1175, 1180 (8th Cir. 1998); Johnson & Johnson-Merck Consumer Pharm. Co. v. Rhone-Poulenc Rorer Pharm., Inc., 19 F.3d 125, 129 (3d Cir. 1994); Skil Corp. v. Rockwell Int’l Corp., 375 F. Supp. 777 (N.D. Ill. 1974).

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

Elements for the Claim of Nuisance in Nevada

February 25, 2016January 9, 2024 Jay Young No Comments

In Nevada, the elements for a claim of nuisance are: Unreasonable, unwarrantable, or unlawful use of one’s own property; Cause of a sustainable/unreasonable interference of another’s enjoyment; Interferes with another’s enjoyment of their own property; and Such that the law will presume consequential damages. NRS 40.140; D.S. Edwards v. Emperor’s Garden Rest., 122 Nev. 317,…

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

Elements for the Claim of Negligence of Agency Relationship in Nevada

February 18, 2016January 9, 2024 Jay Young No Comments

In Nevada, the elements for a claim of negligence of an agency relationship are: The existence of an agency relationship; The agent was negligent in fulfilling the agent’s duties; and Causation and damages. Scialabba v. Brandise Constr. Co., 112 Nev. 965, 968; 921 P.2d 928, 930 (1996); Hunter Mining Laboratories, Inc. v. Mgt. Assistance, Inc.,…

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

Year: 2016

Elements for the Defense of Waiver in Nevada

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Usury Laws in Nevada

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Elements for the Claim of Unjust Enrichment in Nevada

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Elements for the Claim of Usurpation of Corporate Opportunity in Nevada

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The Unclean Hands Doctrine in Nevada

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Elements for a Claim of Unfair Competition (False Designation of Origin, Description, and Dilution)

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Elements for a Claim of Trespass in Nevada

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Elements for a Claim of Unfair Competition (False Advertising)

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Elements for the Claim of Nuisance in Nevada

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Elements for the Claim of Negligence of Agency Relationship in Nevada

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