Articles Tagged with Breach of Contract

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Home Sweet Home

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If you live and drive anywhere in Las Vegas, you may have noticed a new home development or two around the city. The surge in new homes is astounding and great for the economy.

Purchasing a new home can be exciting and is still viewed as part of the great “American Dream”. But what if your dreams turn into a nightmare? Many of us still remember the great recession 7 years ago where the housing/financial market collapsed. Many lenders and financial institutions became greedy and America suffered. 2009 may seem like a distant memory but lenders can, and may continue, to behave badly. One homeowner had enough, so she sued and won.

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A recent decision from the United States District Court for the District of Nevada held that a car insurance policy’s definition of “bodily injury” included emotional injuries and could thus be applied to emotional distress claims.

In Brewington v. State Farm Mutual Auto Insurance Co., the plaintiff filed a complaint against State Farm for breach of contract, arguing that State Farm breached its insurance policy by denying her coverage for her negligent infliction of emotional distress claim. State Farm argued that it did not breach the insurance policy because emotional distress does not qualify as a “bodily injury” and did not arise “in the accident” as required under the policy.
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In a recent unpublished opinion, the Nevada Supreme Court reversed a district court’s order for a new trial on the issue of damages in an action involving the breach of a covenant not to compete. In Georges Tannoury, MD, PC v. Stacey Kokopelli Medical, P.C., Dr. Tannoury, doing business as Specialty Medical Center (SMC), hired Dr. Stacey to work with the medical practice. At the start of the relationship, Dr. Stacey signed a contract that required her to work for SMC for three years, and that included a covenant not to compete with SMC. After less than ten months, Dr. Stacey resigned from SMC and opened her own practice, in violation of the non-compete agreement.

A jury returned a verdict in favor of SMC, and awarded SMC $500,000 in damages. Agreeing with Dr. Stacey that the jury manifestly disregarded the court’s instruction that damages for breach of a covenant not to compete must be proven with reasonable certainty, the district court allowed Dr. Stacey’s motion for a new trial as to damages.
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Written By Las Vegas based Law Clerk: Robert Maxey (Las Vegas, Nevada)

The University of Nevada, Las Vegas is an institution of higher learning. During the years of our youth in school, we are taught to obey and follow instructions. However, once students are in college they face in a world of choices. Most freshmen in college are considered adults, and therefore are treated as such. Students take on the reasonability of picking out their career and life paths. Here they embark on a journey of education, to achieve a degree that will open up the doors to the opportunities they desire.

Students are expected to make many choices regarding the rest of their lives while in college. It is perhaps the most advanced learning a person will experience within their lifetime. The boundaries of college learning are not confined to textbooks and classrooms. Universities offer students a wide array of areas of learning through clubs, organizations, fraternities and sororities, lecture series, athletic teams, campus events and student government. All of these areas offer the student an additional way to enhance their education, and experience something unique.

Recently a student attending the University of Nevada, Las Vegas, however, has enhanced their learning through a different means, in the form of a settlement of $20,000. Robert Maxey, a junior studying philosophy and economics, has settled his lawsuit against the Consolidated Students of the University of Nevada (CSUN), which is the branch of student government at the University of Nevada Las Vegas (UNLV).

The state of Nevada has some of the strictest Open Meeting Law requirements, which help maintain an open and honest government. These laws ensure that all people have appropriate opportunity to participate, and witness their government taking place. Maxey had been elected student body president in 2010, but quickly after his election found himself in a sham meeting to disqualify him. The meeting had been prompted by his opposition, with the intent to remove him from office. In the lawsuit that Maxey filed, he alleged that the CSUN meeting violated not only Open Meeting Laws, preventing students from being fully aware of the actions of CSUN, but also due process.

The lawsuit lasted the entire term that Maxey would have served as student body president. Lawyers representing CSUN (despite previous requests for settlement from Maxey’s attorney Peter Goatz) agreed only at the end of Maxey’s would be term to settle. Although the matter had been settled, Maxey laments that no real justice has been performed and the denial of such a great opportunity is regrettable.

Full information the story can be found here: UNLV student wins $20K after suing student senate
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During the 1960’s some of the most progressive legislature regarding civil rights was passed and new power was given to those laws. Before then racial tensions had been on a continuous rise and the government had seen itself out of the conversation with the ruling of Plessy v. Ferguson. However after that ruling was over turned in the 1954 ruling of Brown v. Board of Education the government found itself as a new mediator in race relations.

Several laws were passed to protect civil rights, mainly the Civil Rights Act of 1964 which prevented discrimination based on “race, color, religion or national origin.” It was the hope of many that these laws would help end discrimination and once again turn our country into a place for the free and the brave. However in some cases resistance was strong and government intervention was necessary.

Through the past decades and numerous lawsuits citing the Civil Rights Act of 1964 as the basis of the lawsuit discrimination has greatly been reduced although it is not completely eliminated. In Baltimore David S. Brown Enterprises Ltd. is being sued for violations of the Civil Rights Act. The owner of Cibo Bar & Grill claims that over the years their clientele has changed and when it started becoming predominately African American they were challenged with interference from Brown Enterprises.