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Month: January 2020

Commercial Business Litigation Causes of Action

Posted on January 21, 2020February 5, 2024 By Jay Young No Comments on Commercial Business Litigation Causes of Action

While not exhaustive, the following is a list of possible claims/remedies that you may consider making in your commercial litigation matters, linked to the elements for each claim. Abuse of Process Account Stated Accounting, a Remedy Anticipatory Repudiation Appointment Of A Receiver Breach of Contract Breach of Duty of Loyalty Breach of Express Warranty Breach…

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

Nevada Civil Practice Official Forms Library

Posted on January 18, 2020October 17, 2024 By Jay Young No Comments on Nevada Civil Practice Official Forms Library

Nevada State Forms

Nevada Commission on Judicial Discipline
Nevada Real Estate Division
Nevada Supreme Court – Appellate Practice Forms
Nevada Supreme Court Law Library

Official Form 2. Rule 4.1 Waiver of Service of Summons
Official Form 3. Consent to Service by Electronic Means Under Rule 5

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Elements of the Claim of Prima Facie Tort

Posted on January 14, 2020 By Jay Young No Comments on Elements of the Claim of Prima Facie Tort

The elements of the prima facie tort are: an intentional, otherwise lawful act by the defendant; an intent to injure the plaintiff; injury to the plaintiff; action does not give rise to any other recognized tort; absence of justification, or insufficient justification for the defendant’s actions; causation; and damages.

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Compelling Identification of Previously Bates Stamped Documents in Response to Discovery Requests

Posted on January 10, 2020 By Jay Young No Comments on Compelling Identification of Previously Bates Stamped Documents in Response to Discovery Requests

Opposing counsel responded to my interrogatories and requests for production of documents by stating that the responsive documents are among “all documents filed thus far in this case, and bates stamped 0001-3974.”  Unfortunately, even after an effort to meet and confer (including sharing with counsel the law included in this article), counsel refused to identify…

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Elements of the Claim of Account Stated

Posted on January 7, 2020 By Jay Young No Comments on Elements of the Claim of Account Stated

An account stated is “a writing which exhibits the state of account between parties and the balance owing from one to the other, and when it assented to… becomes the new contract.” See Gardner v. Watson, 170 cal. 570, 574 (1915). An account stated claim has three elements: previous transactions between the parties establishing the…

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