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In Nevada, the elements for a claim of aiding and abetting another’s breach of a fiduciary duty are:

  1. A fiduciary relationship exists;
  2. The fiduciary breached the fiduciary relationship;
  3. The third party knowingly participated in the breach; and
  4. Causation and damages.

In re: Amerco Derivative Litigation, 252 P.3d 681 (Nev. 2011); J.P. Morgan Chase Bank, N.A. v. KB Home, 632 F. Supp. 2d 1013 (D. Nev. 2009); Klein v. Freedom Strategic Partners, LLC, 595 F. Supp. 2d 1152 (D. Nev. 2009).

 

See elements for other claims at the Nevada Law Library

In Nevada, the elements for a claim of breach of fiduciary duty are:

  1. 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;
  2. Failure of the party owing the duty to use due care or diligence, act with utmost faith, exercise ordinary skill, or act with reasonable intelligence;
  3. Plaintiff suffered losses or injuries resulting from defendants’ breach of duty; and
  4. Causation and damages.

NRS 78.138-39; Klein v. Freedom Strategic Partners, LLC, 595 F. Supp. 2d 1152, 1162 (D. Nev. 2009)  Stalk v. Mushkin, 125 Nev. 21, 199 P.3d 838 (Nev. 2009); Shoen v. SAC Holding Corp., 122 Nev. 621, 137 P.3d 1171 (Nev. 2006); Foley v. Morse & Mowbray, 109 Nev. 16 (1993); Hoopes v. Hammargren, 725 P. 2d 238 (Nev. 1986); Linland v. United Business Inv., Inc., 693 P.2d 20 (Ore. 1984); 18 Am.Jur 2d Corporations 1695, 1710, 1712-13; Restatement (Second) of Torts  § 874 Cmt. a (1979).

 

See elements for other claims at the Nevada Law Library

Jay Young, Nevada Business Attorney and Arbitrator

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: (more…)

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:

  1. A party must demonstrate that it has a reasonable probability of success on the merits of its underlying claims;
  2. Without injunctive relief, plaintiff will suffer irreparable harm for which compensatory damages are inadequate;
  3. 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
  4. 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).
  5. Imposition of a bond is required by NRCP 65(c).

(more…)

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