Jay Young | Retired Las Vegas, Nevada Judge | Mediator | Arbitrator | Special Master
Restitutionary Damages The general goal of contract damages is to provide compensation for the injured party based on the injured party’s expectation interest.[1] More specifically, it gives the injured party the “benefit of his bargain by awarding him a sum of money that will, to the extent possible, put him in as good a position…
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Generally, the market value measure of damages “allows the … victim to recover the market value of the very performance he should have had, less the contract price.”[1] “[T]he measure of damage is the difference between the contract price and the market price of the goods at the time and place when the contract should…
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Unlike general damages, special or consequential damages are not based on the value of the promised performance, but on the “benefits [the performance] can produce or the losses that may be caused by [the performance’s] absence.”[1] Special damages are those that do not flow from breach of the contract.[2] [1] See Dobbs, § 12.2(3) at…
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General damages have been described as the “present value of the thing promised,” or the “value of the very performance contracted for.”[1] Nevada has formulated a very broad definition of general damages, including damages which ordinarily flow from a breach. In Bradley,[2] the Court held that even a small loss of profit is considered a…
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As with many questions in the law, the answer to this inquiry is “it depends.” “The essential elements of a valid contract include offer, acceptance, and bargained for consideration.”[1] The creation of a contract requires that two parties mutually assent to the same bargain at the same time-an assent which is usually in the form…
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The Nevada Rules of Professional Conduct generally govern the issue of attorney disqualification.[1] In United States v. Walker River Irrigation Dist., the court recited the standards applied in considering attorney disqualification motions. The court correctly suggests: Disqualification is a “drastic measure which courts should hesitate to impose except when absolutely necessary[,]” Freeman v. Chicago Musical…
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Under Nevada law “the owner of a mark that is famous in this State may bring an action to enjoin commercial use of the mark by a person if such use: (a) Begins after the mark has become famous; and (b) Causes dilution of the mark.” NRS 600.435. See also Mattel, Inc. v. MCA Records, Inc., 296…
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Federal Rule of Civil Procedure 59 governs motions for a new trial, as well as motions to alter or amend a judgment in certain cases where summary judgment has been granted.[1] Although not granted except with a showing of “highly unusual circumstances,”[2] the Ninth Circuit has listed grounds for amending or altering a judgment pursuant…
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Rule 60 of the Federal Rules of Civil Procedure provides a standard by which the Court might reconsider its Order. This rule, governing relief from a judgment or order, provides in part: (b) Grounds for Relief from a Final Judgment, Order, or Proceeding. On motion and just terms, the court may relieve a party or…
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The term “force majeure” translates literally from French as superior force.[1] Black’s Law Dictionary defines force majeure as “[a]n event or effect that can be neither anticipated nor controlled.”[2] In the law, it is the term for a contract provision that allocates the risk of specified events including natural and man-made events. If that unlikely…
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