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Category: Litigation

The Doctrine of Anticipatory Repudiation

Posted on March 19, 2015 By Jay Young No Comments on The Doctrine of Anticipatory Repudiation

In Nevada, anticipatory repudiation is a statement by an obligor to an obligee indicating that the obligor will commit a breach that would of itself give the obligee claim for damage for total breach of the contract, or a voluntary affirmative act which renders the obligor unable or apparently unable to perform. Restatement (Second) of…

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

The Elements for the Claim of Alter Ego (Piercing the Corporate Veil)

Posted on March 19, 2015 By Jay Young No Comments on The Elements for the Claim of Alter Ego (Piercing the Corporate Veil)

In Nevada, the elements for a claim of alter ego or piercing the corporate veil are: Corporation must be influenced and governed by the person asserted to be its alter ego; There must be a unity of interest and ownership such that the corporation and person are inseparable from another; Facts are such that adherence…

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

Elements for the Civil Claim of Aiding and Abetting a Tort

Posted on March 19, 2015January 9, 2024 By Jay Young No Comments on Elements for the Civil Claim of Aiding and Abetting a Tort

In Nevada, the elements for a claim of civil aiding and abetting the commission of a tort are: A primary tortfeasor committed a tort against a plaintiff; The defendant knew that the primary tortfeasor’s conduct was a breach of duty Defendant intentionally and substantially assists or encourages another’s conduct in breaching a duty to a…

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

Elements for the Claim of Accord & Satisfaction

Posted on March 19, 2015January 9, 2024 By Jay Young No Comments on Elements for the Claim of Accord & Satisfaction

In Nevada, the elements for an accord and satisfaction are: A person against whom a claim is asserted and who has a bona fide dispute over an unliquidated amount; Proves a good faith tender of an instrument to the claimant in full settlement of the entire disputed amount; An understanding by the creditor of the…

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

Elements of the Remedy of an Accounting

Posted on March 19, 2015January 9, 2024 By Jay Young No Comments on Elements of the Remedy of an Accounting

In Nevada, the elements required to allow a remedy of an accounting are: A fiduciary relationship exists between plaintiff and defendant; The relationship between plaintiff and defendant is founded in trust and confidence; and Defendant has a duty to render an accounting to plaintiff to determine damages resulting from any misallocation of funds. NRS 78;…

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Business Law, Litigation

Elements for the Claim of Abuse of Process

Posted on March 19, 2015January 9, 2024 By Jay Young No Comments on Elements for the Claim of Abuse of Process

In Nevada, the elements for a claim of abuse of process are: Filing of a lawsuit made with ulterior purpose other than to resolving a dispute; Willful act in use the use of legal process (subsequent to the filing of the suit) not proper in the regular conduct of the proceeding; and Damages as a…

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

No More Deficiency Judgments in Nevada

Posted on February 11, 2015 By Jay Young No Comments on No More Deficiency Judgments in Nevada

What is a Deficiency Judgment? Most homes in Nevada have loans against them for an amount greater than the actual market value of the home.  If a homeowner owes $200,000 and the property is sold at foreclosure for $100,000, there is a $100,000 deficiency owed by the borrower.  Nevada laws generally provide that the lender…

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

How Do Creditors Collect on Their Judgments?

Posted on February 11, 2015 By Jay Young No Comments on How Do Creditors Collect on Their Judgments?

 

With the economic downturn, clients are increasingly asking specific questions about the rights and remedies of creditors.

As a caveat, this article is not intended to include everything that one might need to know about collecting against judgments.  These remedies can be affected by many other laws not discussed here, including but not limited to claims by creditors of preferential or fraudulent transfer, or bankruptcy.  The intent of this article is to explain some basic information about types of creditors and types of remedies available to judgment creditors.

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

Punitive Damages in Nevada

Posted on July 16, 2013July 15, 2025 By Jay Young No Comments on Punitive Damages in Nevada

The following abstract explores the law regarding punitive damages in Nevada.  This article was last updated in 2013.  Use with caution.

Introduction

Punitive damages are not designed to compensate a party, but are awarded for the sake of example and by way of punishing the defendant.  NRS 42.010(1).  By assessing the gravity of the injury, punitive damages serve as a vehicle for a community to express outrage or distaste for a defendant’s misconduct while warning others that such wrongdoing will not be tolerated.  Ace Truck v. Kahn, 103 Nev. 503, 506, 746 P.2d 132, 134 (1987).  Allowing punitive damages provides a benefit to society by punishing undesirable conduct that is not punishable by the criminal law.  Id.  Therefore, the party whose conduct was so outrageous as to merit punishment by means of punitive damages is obligated to bear the burden of paying the award, which effectuates the goals of punishment of and deterrence.  New Hampshire Ins. Co. v. Gruhn, 99 Nev. 771, 774, 670 P.2d 941, 943 (1983).

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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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