21 Cited authorities

  1. Conley v. Gibson

    355 U.S. 41 (1957)   Cited 58,952 times   25 Legal Analyses
    Holding that "a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief"
  2. Rivera v. Peri & Sons Farms, Inc.

    735 F.3d 892 (9th Cir. 2013)   Cited 261 times   3 Legal Analyses
    Holding that a district court can address an affirmative defense in ruling on a motion to dismiss only if its validity "is obvious on the face of complaint"
  3. In re Amerco Derivative Lit., 127 Nev. Adv. Op. No. 17, 51629 (2011)

    252 P.3d 681 (Nev. 2011)   Cited 243 times   9 Legal Analyses
    Holding that a plaintiff had sufficiently made out such a claim by alleging that an officer who owned and controlled other entities had caused the defendant corporation to sell property to those other entities at below market prices and had caused those other entities to purchase properties that the defendant corporation would have been interested in without first obtaining disinterested director approval
  4. General Conference Corp. of Seventh-Day Adventists v. Seventh-Day Adventist Congregational Church

    887 F.2d 228 (9th Cir. 1989)   Cited 331 times

    No. 88-2506. Argued and Submitted May 11, 1989. Decided October 5, 1989. Max A. Corbett, Annandale, Va., for defendants-appellants. Peter N. Fowler of Lilienthal Fowler, San Francisco, Cal., appeared and argued, and signed the brief on behalf of amici curiae, Davidian Seventh-Day Adventist Ass'n, Gen. Ass'n of Davidian Seventh-Day Adventists, Universal Publishing Ass'n, and Laymen for Religious Liberty. Lorraine H. Akiba, Honolulu, Hawaii, for plaintiff-appellee. Appeal from the United States District

  5. Bemis v. Estate of Bemis

    114 Nev. 1021 (Nev. 1998)   Cited 98 times
    Holding that there was no evidence to suggest appellants had any knowledge that would have put them on “inquiry notice” to investigate claims they may have had against their father prior to his death
  6. Brewer v. Premier Golf Properties, LP

    168 Cal.App.4th 1243 (Cal. Ct. App. 2008)   Cited 64 times   2 Legal Analyses
    Holding that claims under California Labor Code provisions governing meal and rest breaks could not seek punitive damages under section 3294
  7. Thomas ex rel. Situated v. Nev. Yellow Cab Corp.

    130 Nev. Adv. Op. 52 (Nev. 2014)   Cited 25 times   2 Legal Analyses
    Holding that the Nevada Minimum Wage Amendment, which contains no taxicab and limousine exception, "supersedes and supplants the taxicab driver exception set out in [Nevada Revised Statutes §] 608.250"
  8. Siggelkow v. Phoenix Ins. Co.

    109 Nev. 42 (Nev. 1993)   Cited 50 times
    Holding that a court must construe an insurance contract as a whole in order to give a reasonable and harmonious meaning to the entire contract
  9. Washington v. State

    117 Nev. 735 (Nev. 2001)   Cited 34 times
    Explaining we favor interpreting statutes within a scheme in harmony with one another
  10. Ace Truck v. Kahn

    103 Nev. 503 (Nev. 1987)   Cited 52 times
    Finding that it was permissible for the jury to find that plaintiff had engaged in abuse of process where plaintiff brought a malpractice suit with the ulterior purpose of coercing a nuisance claim settlement.
  11. Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

    Fed. R. Civ. P. 12   Cited 354,229 times   943 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
  12. Rule 1 - Scope and Purpose

    Fed. R. Civ. P. 1   Cited 15,441 times   49 Legal Analyses
    Recognizing the federal rules of civil procedure should be employed to promote the "just, speedy, and inexpensive determination of every action and proceeding"