Business Court Declines to Enforce a Covenant Not to Compete
Department 7 of the Washoe County Business Court entered a December 5, 2016 Order denying a temporary restraining order and preliminary injunction enforcing a former employee’s covenant not to compete. Background The plaintiff was a trading firm engaged in trading, investment, and other business activities in United States, European, and Asian markets. The defendant was […]
Washoe County Business Court Denies Preliminary Injunction in Franchise Termination Case
In an April 11, 2016 Order, Department 9 of the Washoe County Business Court denied a preliminary injunction sought by a Nevada wine distributor against a California wine producer. The distributor then appealed this decision to the Nevada Supreme Court and sought a “stay,” i.e., the same preliminary injunction pending appeal. The Business Court entered […]
Washoe County Business Court Refuses to Enter Preliminary Injunction Against Casino
By Jerry Carter. A Peppermill Casino employee was caught on the premises of Grand Sierra Resort making unauthorized entry into slot machines. Grand Sierra Resort sued the Peppermill Casino and the employee, and sought a preliminary injunction against both. The court granted a preliminary injunction against the employee, but denied the requested preliminary injunction against the Peppermill […]
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 […]
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 […]
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 […]
A Business Court’s Acceptance of Campaign Contributions from Affiliates of a Party, Alone, Was Not a Basis on Which to Void the Court’s Orders
By Jerry Carter. Campaign contributions are a fact of life in a state like Nevada in which judges are elected. A July 24, 2012 Order reminds us that a judge’s prior acceptance of campaign contributions from affiliates of a current party appearing in his or her court, without more, does not void an order entered by […]
Washoe County Business Court Enters Preliminary Injunction Protecting Proprietary Seal Coat and Formula
By Jerry Carter. In a July 17, 2012 Order, the Washoe County Business Court granted a preliminary injunction in favor of the licensor of an asphalt emulsion sealcoat formula. The licensor licensed a formula called “Pitch Black.” The secret ingredients of the Pitch Black formula include a polymer and a specialty clay. The licensee conceded […]