Nevada, in order to qualify for the remedy of disgorgement of profits, one must
plead and prove:
1.† Defendant owes another a fiduciary duty;
2.† Defendant has breached the fiduciary duty and
3.† Causation and damages; and
4.† Plaintiff is entitled to have Defendant
disgorge profits which are the result of his breach.
G.K. Las Vegas Ltd. Píship
v. Simon Prop.Grp., 671 F. Supp. 2d 1203 (D. Nev. 2009); Alley
v. Nevada Real Estate Div., 94 Nev. 123, 125; 575 P.2d 1334, 1335 (1978); Womenís
Fed. Savings and Loan Assoc. V. Nevada Natíl Bank, 81 F.2d 1255, 1260 (9th
Cir. 1987); Holland Realty Inv. Co. v. State of Nevada, Dept. of Commerce,
Real Estate Div., 84 Nev. 91, 97-98; 436 P.2d 422, 425-26 (1968).