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Category: Employment Law

The Elements for a Claim of Bad Faith Discharge or Tortious Discharge in Nevada

Posted on April 7, 2016January 9, 2024 By Jay Young No Comments on The Elements for a Claim of Bad Faith Discharge or Tortious Discharge in Nevada

In Nevada, the elements for a claim of bad faith discharge, tortious discharge, or wrongful discharge, are: Enforceable contract of employment (even for an indefinite period of future employment); Special relationship between the tortfeasor and the tort victim (i.e., a relationship of trust and special reliance); Employer acts in bad faith; conduct must go well…

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

Elements for the Claim of Negligent Hiring, Retention, and Supervision in Nevada

Posted on January 28, 2016January 9, 2024 By Jay Young No Comments on Elements for the Claim of Negligent Hiring, Retention, and Supervision in Nevada

In Nevada, the elements for a claim of negligent hiring, retention, and supervision are: Employer had a duty to protect plaintiff from harm resulting from its employment of the tortfeasor; Employer breached that duty by hiring, retaining, failing to train, supervise, or discipline the tortfeasor; Proximate cause; and Causation and damages. Nurse v. U.S., 226…

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

Employment Discrimination In Nevada

Posted on November 21, 2015January 9, 2024 By Jay Young No Comments on Employment Discrimination In Nevada

It is an unlawful employment practice for an employer to discriminate against any person with respect to the person’s compensation, terms, conditions or privileges of employment because of race, color, religion, sec, sexual orientation, gender identity or expression, age (40 and older), disability or national origin. Dennis v. Nevada, 282 F. Supp. 2d 1177, at…

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

Elements for a Claim of Constructive Discharge

Posted on September 3, 2015January 9, 2024 By Jay Young No Comments on Elements for a Claim of Constructive Discharge

In Nevada, the elements for a claim of constructive discharge (also known sometimes as tortious discharge) are: The employee’s resignation was induced by actions and working conditions by the employer which are so intolerable as to amount to firing despite a lack of termination. The actions of the employer violate public policy; Objectively difficult or…

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

Elements for a Claim of Trademark Infringement

Posted on July 20, 2015January 9, 2024 By Jay Young No Comments on Elements for a Claim of Trademark Infringement

11071126154_db6bcd405a_bIn Nevada, the elements for a claim trademark infringement are:

  1. Plaintiff has a valid, protectable symbol or name described as:______ (the “Mark”);
  2. Plaintiff owns the Mark as a trademark;
  3. Defendant used the Mark in commerce in connection with the sale or advertising of goods or services without the consent of the plaintiff in a manner that is likely to cause confusion among ordinary consumers as to the source, sponsorship, affiliation, or approval of the goods; and
  4. Causation and damages.

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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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Business Law, Employment Law, Franchise Law, Intellectual Property, J, Jay Young, Top Las Vegas, Nevada Mediator and Arbitrator, Litigation

Everything You Wanted to Know But Were Afraid to Ask About the DOL’s Proposed Overtime Regulation Changes

Posted on July 10, 2015January 9, 2024 By Jay Young No Comments on Everything You Wanted to Know But Were Afraid to Ask About the DOL’s Proposed Overtime Regulation Changes

By: Michael R. Lied, guest blogger Employers everywhere are seeking ways to understand the U.S. Department of Labor’s proposed changes to overtime regulations under the Fair Labor Standards Act (FLSA) announced this week. The revisions could impact millions of workers and businesses large and small when the final ruling possibly becomes effective next year. This…

Read More “Everything You Wanted to Know But Were Afraid to Ask About the DOL’s Proposed Overtime Regulation Changes” »

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

The Elements for a Claim of Aiding and Abetting Another’s Breach of a Fiduciary Duty

Posted on July 2, 2015January 9, 2024 By Jay Young No Comments on The Elements for a Claim of Aiding and Abetting Another’s Breach of a Fiduciary Duty

In Nevada, the elements for a claim of aiding and abetting another’s breach of a fiduciary duty are: A fiduciary relationship exists; The fiduciary breached the fiduciary relationship; The third party knowingly participated in the breach; and Causation and damages. In re: Amerco Derivative Litigation, 252 P.3d 681 (Nev. 2011); J.P. Morgan Chase Bank, N.A….

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

Elements for a Claim of Breach of a Fiduciary Duty

Posted on June 25, 2015January 9, 2024 By Jay Young No Comments on Elements for a Claim of Breach of a Fiduciary Duty

In Nevada, the elements for a claim of breach of fiduciary duty are: A fiduciary relationship exists between two persons such that one of them is under a duty to act for or give advice for the benefit of another upon matters within the scope of that relationship; Failure of the party owing the duty…

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Business Law, Employment Law, Estate Planning, Franchise Law, Intellectual Property, J, Jay Young, Top Las Vegas, Nevada Mediator and Arbitrator, Litigation

Elements for the Claim of Breach of the Implied Covenant of Good Faith and Fair Dealing — Tort

Posted on June 18, 2015July 15, 2025 By Jay Young No Comments on Elements for the Claim of Breach of the Implied Covenant of Good Faith and Fair Dealing — Tort

In Nevada, the elements for a tort claim of breach of the covenant of good faith and fair dealing are:

  1. Existence of a valid contract;
  2. Every contract in Nevada contains an implied covenant to act in good faith in performance and enforcement of the contract;
  3. Justifiable expectation by the plaintiff to receive certain benefits consistent with the spirit of the agreement;
  4. Defendant performed in a manner that was in violation of or unfaithful to the spirit of the contract (the terms of the contract are complied with in a literal sense, but the spirit of the contract is breached);
  5. The existence of a special relationship of trust between the plaintiff and defendant;
  6. Unfaithful actions by the defendant were deliberate;
  7. Causation and damages; and
  8. Punitive Damages.

Read More “Elements for the Claim of Breach of the Implied Covenant of Good Faith and Fair Dealing — Tort” »

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.

nevadalawinfo.wordpress.com

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

Elements for a Claim of Breach of the Implied Covenant of Good Faith and Fair Dealing — Contract

Posted on June 18, 2015July 15, 2025 By Jay Young No Comments on Elements for a Claim of Breach of the Implied Covenant of Good Faith and Fair Dealing — Contract

In Nevada, the elements for a contract claim of breach of the covenant of good faith and fair dealing are:

  1. Existence of a valid contract;
  2. Every contract in Nevada contains an implied covenant to act in good faith in performance and enforcement of the contract;
  3. Justifiable expectation by the plaintiff to receive certain benefits consistent with the spirit of the agreement;
  4. Defendant performed in a manner that was in violation of or unfaithful to the spirit of the contract (the terms of the contract are complied with in a literal sense, but the spirit of the contract is breached);
  5. Unfaithful actions by the defendant were deliberate; and
  6. Causation and damages.

Read More “Elements for a Claim of Breach of the Implied Covenant of Good Faith and Fair Dealing — Contract” »

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.

nevadalawinfo.wordpress.com

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

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