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Business Court Report

Business Court Permits Nevada Corporation to Sue Insurance Broker for Failure to Place Proper Insurance Coverage

By Jerry Carter. In a recent Order in a Washoe County business court matter, the court permitted a Nevada corporation and its sole owner to sue for failure to place proper insurance coverage. The plaintiffs alleged they relied on the services of two insurance brokers to purchase proper workers compensation insurance. However, when the plaintiff owner […]

Nevada Business Court Refuses to Dismiss Shareholder Derivative Action

By Jerry Carter. The Washoe County Business Court recently entered an Order in which it refused to dismiss a shareholder derivative action. One of the defendants is an attorney who moved to dismiss the claims against him on the ground that his role as counsel to the defendant corporation and the attendant attorney-client privilege renders him unable to […]

High-Yield CDs: Red Flags That Signal a Scam

The FINRA Investor Education Foundation has issued an investor alert regarding promotions about certificates of deposit (CDs) promising interest rates that are substantially higher than current averages. FINRA has observed offers for “low-risk” products with outsized returns. Investors should be wary of unsolicited emails and calls that offer outsized interest from financial institutions, including banks […]

Washoe County Business Court Appoints Receiver for Mismanaged Nevada Corporation

By Jerry Carter. At the request of Jerry Carter, Esq. and co-counsel Michael D. Smith, Esq., the Washoe County  Business Court recently entered an Order Appointing Receiver to protect the shareholders of a mismanaged Nevada corporation. The Order confirmed an arbitration award.  The Receiver is to take control of the corporation’s assets and make recommendations to the […]

Washoe County Business Court Issues Preliminary Injunction Enforcing Non-Competition Agreement, But Limits Its Scope

By Jerry Carter. On June 4, 2014, the Washoe County Business Court entered a Preliminary Injunction enforcing a Confidentiality and Non-Competition Agreement against a hospital administrator. However, the Business Court Judge reduced the scope of the Agreement to the cardiology administrative services that were performed by the administrator for his former employer. The Court held that the […]

Business Court Case Randomly Reassigned Among All General Jurisdiction Judges After Two Preemptory Challenges Were Exercised

By Jerry Carter. After a business court case was filed, two of the three Washoe County business court judges were preempted by the parties. Rather than automatically automatically assign the case to the remaining business court judge, the Clerk randomly reassigned the business court cases among all remaining general jurisdiction departments. In an Order, the […]

Washoe County Business Court Enters Preliminary Injunction

By Jerry Carter. A Washoe County Business Court Judge recently entered an Order on Application Granting Preliminary Injunction. The plaintiff mining company built a power plant at a cost of more than a half a billion dollars. The mining company contended that if the defendant power company installed series compensation equipment at a neighboring substation, the […]

When May The Highest Ranking Officer of a Corporation Be Required to Testify in a Deposition?

By Jerry Carter. From time to time, a party in Business Court litigation will seek to take the deposition of the other party’s highest ranking officer. The party seeking the deposition will insist that the highest ranking officer has relevant information. On the other hand, the highest ranking officer will suggest that he or she […]

Washoe County Business Court Grants Motion to Intervene

By Jerry Carter. A Washoe County Business Court Judge entered an Order Granting Motion to Intervene. The lawsuit involves a “One Nevada Transmission Line” project of which the intervenor, Great Basin Transmission South, LLC, is a majority owner. The Court determined that “Great Basin has a substantial interest in the subject matter of this litigation, by […]

Washoe County Business Court Determines that a Contract’s Mandatory Arbitration Clause Does Not Preclude a Lawsuit Seeking a Preliminary Injunction

By Jerry Carter. The Washoe County Business Court entered an Order Denying Motion to Dismiss a lawsuit involving a contract requiring mandatory arbitration. A mining company with operations in Nevada filed suit against an electrical utility company. The mining company also sought a preliminary injunction. Both parties agreed that their dispute is governed by an Interconnection Agreement […]

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