The Elements for the Claim of Abuse of Control

In Nevada, the elements for the claim of Abuse of Control are:

  • Defendants are officers and/or directors of [CORPORATE NAME] (the “Company”);
  • Defendants are fiduciaries to the Company;
  • Defendants breached their fiduciary duty to the Company;
  • Defendants engaged in misconduct in their capacity as officers and/or directors of the Company as alleged hereinabove;
  • Defendants’ conduct constituted an abuse of their ability to control and influence the Company, for which they are legally responsible;
  • Damages;
  • Plaintiff is entitled to an award of punitive damages; and
  • Plaintiff is entitled to an award of attorney fees and costs as damages.



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