Punitive Damage in Federal Court Punitive damages are not available in every case. For example, punitive damages are not available against municipalities, counties, or other governmental entities unless expressly authorized by statute. City of Newport v. Fact Concerts, Inc., 453 U.S. 247, 259-71 (1981).  Punitive damages may, however, be available against governmental employees acting in their individual capacities. See… Continue reading Punitive Damages in Federal Court

In Nevada, to be eligible for the remedy of lost profits, one must prove: Evidence of lost profits must not be speculative; and Evidence must show with reasonable certainty both the occurrence and extent of lost profits. Dobbs Law of Remedies at § 12.62(2); El Ranco, Inc. v. First Nat’l Bank, 406 F.2d 1205 (9th Cir. 1968) (The existence… Continue reading Lost Profits Remedy

Liquidated damages in Nevada enforces a remedy to which the parties agreed in the contract, provided that the agreed remedy is not unduly harsh to the defendant and does not fail to provide the plaintiff a meaningful remedy.  Impact Mktg. Int’l LLC, 2012 WL 359914 (citing Mason v. Fakhimi, 865 P.2d 333, 335 (1993) (Under… Continue reading Liquidated Damages in Nevada

The following abstract explains Nevada law regarding equitable liens. Introduction The Nevada Supreme Court has acknowledged equitable liens as a remedy where an intention to create such a lien appears, and where the property which is to become subject to the lien is identifiable.  Union Indemnity co. v. A.D. Drumm, Inc., 57 Nev. 242, 70… Continue reading Equitable Liens 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,… Continue reading Punitive Damages in Nevada