Jay Young | Retired Las Vegas, Nevada Judge | Mediator | Arbitrator | Special Master
In Nevada, the elements for the claim of Bailment are: On [DATE], Plaintiff was a patron of Defendants’ business [NAME OF BUSINESS]; On [DATE], Plaintiff placed [DESCRIBE PROPERTY] (the “Property”) in Defendants’ exclusive possession or control; On [DATE], Defendants [FOR HIRE OR GRATUITOUSLY] accepted exclusive control of Plaintiff’s Property; Defendants agreed to keep the Property…
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In Nevada, the elements for the claim of Attractive Nuisance are: Defendants owned or were in lawful possession of real property known as [ADDRESS] (the “Property”); Defendants knew that young children are likely to trespass on the Property; Defendants knew or should have known the condition of the Property involves unreasonable risk of death or…
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In Nevada, the elements for the claim of Undue Influence are: At all times relevant hereto, Defendants enjoyed a confidential relationship with [TESTATOR]; [ALTERNATIVE] [TESTATOR]’s physical condition affected [HIS/HER] ability to withstand Defendants’ undue influence [ALTERNATIVE] [TESTATOR]’s mental condition affected [HIS/HER] ability to withstand Defendants’ undue influence; Defendants unduly influenced [TESTATOR] and unduly influenced [HIS/HER]…
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The elements for the claim of Trade Dress Infringement of Product, Unfair Competition and Deceptive Trade Practices (NRS 598.0915) in Nevada are: Plaintiff has used the words and mark [DESCRIBE] in conjunction with the sale of the goods and services [DESCRIBE] since [DATE] in [GEOGRAPHIC AREA] (the “Mark”); The Mark is distinctive and a “famous…
In Nevada, the elements for the claim of Trespass to Chattel are: Plaintiff owns or has the exclusive right to possess certain chattel described as [DESCRIBE] (the “Property”); Defendants have intentionally used or intermeddled with the Property; Defendants have intentionally dispossessed Plaintiff of the Property; Defendants invaded the Property, damaging [ITS/HIS/HER] condition, quality, or value;…
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The elements for the claim of Federal Trademark or Service Mark Dilution are: On [DATE], the United States Patent and Trademark Office granted Plaintiff’s Registration Number _________, Serial Number _________ for the words and mark [DESCRIBE] as granted for the goods and services: [DESCRIBE] (the “Mark”); The Mark is distinctive and a “famous mark” within…
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In Nevada, the elements for the Claim of Writ of Mandamus are: When a government body fails to perform an act “the law especially enjoins as a duty resulting from an office, trust or station” or acts in an arbitrary or capricious manner, a writ of mandamus shall issue to correct the action; NRS 34.160;…
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In Nevada, the elements for the claim of Animal Trespass are: Defendants owned a [NON-HOUSEHOLD PET ANIMAL] described as _________ (the “Animal”); Defendants owed Plaintiff a duty to control the Animal; On or about [DATE], the Animal trespassed on Plaintiff’s property, causing damage (the “Trespass”); The Trespass was reasonably foreseeable; Defendants breached their duty of…
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In Nevada, the elements for the claim of Civil Responsibility for Wild Animal Attack are: At all times relevant hereto, Defendants owned a [LION, BEAR, SNAKE, ETC;] described as __________________________________ (the “Wild Animal”); Defendants owed Plaintiff a duty to control the Wild Animal; Defendants negligently failed to control the Wild Animal; On or about [DATE],…
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In Nevada, the elements for the claim of Civil Responsibility for Animal Attack are: At all times relevant hereto, Defendants owned a [DOG, CAT, SNAKE, ETC;] described as __________________________________ (the “Animal”); On or about [DATE], the Animal attacked Plaintiff, causing personal injury (the “Attack”); Defendants were aware of the Animal’s dangerous disposition; [ALTERNATIVE] Defendants were…
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