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Category: J

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. Jay YoungHon. Jay Young (Ret.) is…

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

Checklist: Move for the Admission of Evidence

Posted on November 13, 2019 By Jay Young No Comments on Checklist: Move for the Admission of Evidence

Present the court with competent witness (witness has the mental capacity, and the ability to perceive, remember, and testify in an understandable manner) The witness must testify from his or her personal knowledge Mark the desired Exhibit with the clerk. “Your Honor, may I have permission to approach the Clerk for the purpose of marking…

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

When Does a Nevada Complaint Need to be Verified?

Posted on October 16, 2019May 14, 2025 By Jay Young No Comments on When Does a Nevada Complaint Need to be Verified?

There are few circumstances in which the law requires that a party must file a complaint under oath.  The requirement is called a “verification.”  A party filing a complaint with verification testifies under oath that each statement in the complaint is true under the penalty of perjury. NRS 15.010 provides the mechanism where verification is…

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

What is a Motion in Limine?

Posted on October 9, 2019 By Jay Young No Comments on What is a Motion in Limine?

A motion in limine (Latin: [ɪn ˈliːmɪˌne]; “at the start”, literally, “on the threshold”) is a motion filed for the purpose of making an evidentiary decision outside the presence of the jury and before trial begins.  There are generally two types of motions in limine in a civil setting.  The first is to procure a definitive ruling on…

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

Nevada Supreme Court Strikes Down Statute Requiring “Special Authorization” for Arbitration Provision in Contract

Posted on October 8, 2019January 9, 2024 By Jay Young No Comments on Nevada Supreme Court Strikes Down Statute Requiring “Special Authorization” for Arbitration Provision in Contract

The Federal Arbitration Act (“FAA”), which has been the law in the United States since 1925, preempts any state law that disfavors the ability of two parties to contractually bind themselves to arbitrate a dispute.  Since 2013, Nevada law has required that any contract containing an arbitration provision must include a “specific authorization for the…

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

Jay Young Publishes 3rd Edition of Popular Nevada State Court Litigation Checklist

Posted on September 10, 2019January 9, 2024 By Jay Young No Comments on Jay Young Publishes 3rd Edition of Popular Nevada State Court Litigation Checklist

Jay Young has published the third edition of his popular Nevada State Court Litigation Checklist.  The third edition not only reflects recent changes to the Nevada Rules of Civil Procedure, but also includes a new chapter on Alternative Dispute Resolution, as well as the elements of hundreds of causes of action, defenses, and remedies. The…

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J, Litigation

Impossibility of Performance

Posted on August 28, 2019 By Jay Young No Comments on Impossibility of Performance

Impossibility of performance is a defense to breach of contract or excuse of non-performance for events that occur after a contract is entered into.  Mere unexpected difficulty, expense, or hardship involved in the performance of a contract does not excuse performance.  Where the difficulty or obstacle does not make performance objectively impossible, and the personal…

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

Mediation and Overconfidence Bias

Posted on April 17, 2019April 1, 2026 By Jay Young No Comments on Mediation and Overconfidence Bias

According to Russell Korobkin, “Psychological Impediments to Mediation Success,” 21 Ohio St. J. on Disp. Resolution 281, 287 (2006), 80% of professional truckers believe they are safer than average and 94% of college professors think they are above average.   Lawyers and litigants tend to suffer from the same fate–having overconfidence in their likelihood of success. …

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Alternative Dispute Resolution, J, Jay Young, Top Las Vegas, Nevada Mediator and Arbitrator

Explaining Nevada’s Statute of Frauds

Posted on February 12, 2019 By Jay Young

The statute of frauds has its roots in an English law from 1677 called an Act for Prevention of Frauds and Perjuries.  It declares that certain types of contracts encourage either fraud or perjury and the state should therefore refuse to recognize that they are enforceable unless they are in writing.

For example, if Bill owed money to Sam, they could together claim that Sally agreed to pay Bill’s debt.  Both Sam and Bill might be encouraged to commit perjury in that circumstance, lying in order for Bill’s debt to be paid and for Sam to receive the money.  Poor Sally, who might know nothing of the debt, might be forced to pay Bill’s debt.  Since that type of arrangement encourages perjury, the statute of frauds requires that the agreement be in writing.

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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, J, Litigation

U.S. Supreme Court Holds That Arbitrators, Not Courts, Decide Arbitrability

Posted on January 16, 2019February 12, 2026 By Jay Young No Comments on U.S. Supreme Court Holds That Arbitrators, Not Courts, Decide Arbitrability

In a unanimous decision authored by Justice Kavanaugh, the U.S. Supreme Court held that under the Federal Arbitration Act (“FAA”), “when the parties’ contract delegates the arbitrability question to an arbitrator, a court may not override the contract even if the court thinks that the arbitrability claim is wholly groundless.”  The decision in Henry Shein, Inc. v. Archer & White Sales, Inc., issued January 8, 2019, addresses a split among the six circuit courts which have heard similar matters and vacates the decision of the Fifth Circuit which held that when a court determines that the request to have the matter arbitrated is “wholly groundless,” the court may deny a motion to allow an arbitrator to determine whether a matter is subject to arbitration.

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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.

nevadalawinfo.wordpress.com

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Alternative Dispute Resolution, Arbitration Arbitrator, J, Jay Young, Top Las Vegas, Nevada Mediator and Arbitrator

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