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Nevada Law Library

Disgorgement Of Profits (A Remedy)

In 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 profited thereby;

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).