Washoe County Business Court Issues Writ of Mandate Ordering Election of Directors
By Jerry Carter. In an October 29, 2012 Writ of Mandate, the Washoe County Business Court ordered a Nevada corporation to hold an election of directors. NRS 78.345 authorizes a district court to compel an election of directors of a Nevada corporation if a meeting of shareholders has not occurred within 18 months. The Writ […]
Should Sitting Judges Be Empowered to Conduct Private Arbitrations?
By Jerry Carter. One of the missions of Nevada’s Business Courts is to provide aggressive case management and speedy resolution of business disputes. A recent decision out of Delaware discusses an important issue that must be considered in formulating innovative dispute resolution procedures–public access to the courts. The case is Delaware Coalition for Open Government […]
Nevada Supreme Court Overturns Fraudulent Inducement Judgment Arising out of a Construction Subcontract
By Jerry Carter. In its recent opinion in Road and Highway Builders, LLC v. Northern Nevada Rebar, Inc., 128 Nev. Adv. Op. 36 (August 9, 2012), the Nevada Supreme Court attempted to elucidate the sometimes blurry line between breach of contract and fraudulent inducement. The general contractor was the successful bidder on a freeway construction […]
Nevada Supreme Court States That Directly Harming a Nevada Corporation Subjects Nonresident Officers and Directors to Suit in Nevada
By Jerry Carter. The Nevada Supreme Court handed down a significant opinion in Consipio Holding, BV v. Carlberg, 128 Nev. Adv. Op. No. 43 (Aug. 9, 2012) (“Consipio“), regarding the circumstances under which nonresident officers and directors of a Nevada corporation can be sued in Nevada for injuring the Nevada corporation. The Nevada Supreme Court reaffirmed […]
Washoe County Business Court Issues Temporary Restraining Order Enforcing Covenants Not to Compete
By Jerry Carter. A September 7, 2012 Order offers a glimpse into the circumstances under which a Washoe County Business Court will enforce, at least temporarily, a covenant not to compete. The Court found that two individuals signed covenants not to compete with the Plaintiff employer for one year following termination of their employment. The […]
Washoe County Business Court Enters Summary Judgment Against Perpetrators of Check Fraud
By Jerry Carter. The Washoe County Business Court entered an August 23, 2012 Summary Judgment Order against the perpetrators of a check fraud. The Business Court found that there was no genuine dispute that Defendant Davis received a check from A4 Diamond (“A4”) and then drafted a check in the amount of $200,000.00 (Canadian Dollars) made […]