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;
- Plaintiff is entitled to an award of punitive damages; and
- Plaintiff is entitled to an award of attorney fees and costs as damages.