Category: J

Elements for a Claim of Breach of the Implied Warranty of Fitness for a Particular Purpose

July 16, 2015January 9, 2024 Jay Young No Comments

In Nevada, the elements for a claim of breach of an implied warranty of fitness for a particular purpose are: Plaintiff contracted with defendant to provide him with goods; Defendant is a merchant with respect to goods of the kind sold to plaintiff; Plaintiff relied on defendant in selecting or using said goods which defendant…

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

July 10, 2015January 9, 2024 Jay Young No Comments

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…

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

The Elements for a Claim of Breach of the Implied Warranty of Habitability

July 9, 2015January 9, 2024 Jay Young No Comments

In Nevada, the elements for a claim of breach of the implied warranty of habitability are: All landlords shall maintain the dwelling unit at all times during the tenancy in a habitable condition; The dwelling unit is not habitable, as its condition violates provisions of relevant health, sanitation, and safety requirements of the statute(s); Tenant…

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

Thinking About Opening a Business in Nevada? Here are Some Things You Should Know About Licensing

July 7, 2015January 9, 2024 Jay Young No Comments

There are state and local licensing requirements to do business in Nevada. Effective October 1, 2009, the Nevada Legislature transferred the authority for issuance and collection of fees for a Nevada Business License from the Department of Taxation to the Secretary of State. This step prevented the renewal of company charters by the filing of…

Business Law, Corporate Governance, Franchise 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

July 2, 2015January 9, 2024 Jay Young No Comments

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….

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

June 25, 2015January 9, 2024 Jay Young No Comments

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…

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

Jay Young Honored Among the Top 100 Attorneys in the Mountain States by Super Lawyers

June 23, 2015January 9, 2024 Jay Young No Comments

Jay Young is a Las Vegas business attorney, commercial litigator, arbitrator, and mediator. He is also a Super Lawyer. In fact, the national publication, Super Lawyers recently named Young as one of its Top 100 attorneys in its 2015 Mountain States Lawyers publication. Additionally, the publication featured a story on Young entitled “The Gospel According to Jay.”

Super Lawyers explains its selection process as follows:

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

Injunctive Relief in Nevada

June 19, 2015January 9, 2024 Jay Young No Comments

TEMPORARY RESTRAINING ORDER, PRELIMINARY INJUNCTION, AND PERMANENT INJUNCTION

In Nevada, in order to obtain a temporary restraining order, preliminary injunction, or permanent injunction, generally, the following are considered by the courts:

A party must demonstrate that it has a reasonable probability of success on the merits of its underlying claims;
Without injunctive relief, plaintiff will suffer irreparable harm for which compensatory damages are inadequate;
The court may weigh the public’s interest in seeing the harm stopped, as well as the relative hardships of the parties should the court take or refuse to take action; and
The purpose of the restraining order/injunction is to preserve the status quo, or to “preserve a business or property interest.” Buion v. Terra Mktg. of Nev., Inc., 90 Nev. 237, 240, 523 P.2d 847, 848 (1974).
Imposition of a bond is required by NRCP 65(c).

Jay Young

nevadalawinfo.wordpress.com

Business Law, 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

June 18, 2015July 15, 2025 Jay Young No Comments

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

Existence of a valid contract;
Every contract in Nevada contains an implied covenant to act in good faith in performance and enforcement of the contract;
Justifiable expectation by the plaintiff to receive certain benefits consistent with the spirit of the agreement;
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);
The existence of a special relationship of trust between the plaintiff and defendant;
Unfaithful actions by the defendant were deliberate;
Causation and damages; and
Punitive Damages.

Jay Young

nevadalawinfo.wordpress.com

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

June 18, 2015July 15, 2025 Jay Young No Comments

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

Existence of a valid contract;
Every contract in Nevada contains an implied covenant to act in good faith in performance and enforcement of the contract;
Justifiable expectation by the plaintiff to receive certain benefits consistent with the spirit of the agreement;
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);
Unfaithful actions by the defendant were deliberate; and
Causation and damages.

Jay Young

nevadalawinfo.wordpress.com

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

Category: J

Elements for a Claim of Breach of the Implied Warranty of Fitness for a Particular Purpose

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

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The Elements for a Claim of Breach of the Implied Warranty of Habitability

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Thinking About Opening a Business in Nevada? Here are Some Things You Should Know About Licensing

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

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Elements for a Claim of Breach of a Fiduciary Duty

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Jay Young Honored Among the Top 100 Attorneys in the Mountain States by Super Lawyers

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Injunctive Relief in Nevada

TEMPORARY RESTRAINING ORDER, PRELIMINARY INJUNCTION, AND PERMANENT INJUNCTION

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

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

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TEMPORARY RESTRAINING ORDER, PRELIMINARY INJUNCTION, AND PERMANENT INJUNCTION

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