notice pleading standard (Nevada) · Go Syfert
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notice pleading standard in Nevada

5 Nevada opinions name it 1 courts 2014–2015 0 in the last five years

The cases below were cited by Nevada courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (5)

CaseFollowedCited
Griffin v. Arpaiogreen
ca9 · 2009 · cited in 3 Nevada opinions naming this issue, 2015–2015
2 sentences

2015See Griffin, 557 F.3d at 1120 ("The primary purpose of a grievance is to alert the prison to a problem and facilitate its resolution, not to lay groundwork for litigation.").

2015See Griffin, 557 F.3d at 1120 ("The primary purpose of a grievance is to alert the prison to a problem and facilitate its resolution, not to lay groundwork for litigation.").

33
Zohar v. Zbiegiengreen
nev · 2014 · cited in 1 Nevada opinions naming this issue, 2015–2015
2 sentences

2015Op. 74, 334 P.3d 402 , 406 (2014) (relying on NRCP 10(c) and NRCP 12 to reverse an order of dismissal under NRS 41A.071 and emphasizing that "the NRS 41A.071 affidavit requirement is a preliminary procedural rule subject to the notice-pleading standard, and thus, it must be liberally construed in a manner that is consistent with our NRCP 12 jurisprudence") (internal quotations and alterations omitted). 4 4We note that the 2015 amendments to NRS 41A.071 impose additional affidavit requirements beyond those in the version of NRS 41A.071 considered in Zohar.

2015Op. 74, 334 P.3d 402, 406 (2014) (relying on NRCP 10(c) and NRCP 12 to reverse an order of dismissal under NRS 41A.071 and emphasizing that "the NRS 41A.071 affidavit requirement is a preliminary procedural rule subject to the notice-pleading standard, and thus, it must be liberally construed in a manner that is consistent with our NRCP 12 jurisprudence") (internal quotations and alterations omitted). 4 4We note that the 2015 amendments to NRS 41A.071 impose additional affidavit requirements beyond those in the version of NRS 41A.071 considered in Zohar.

11
Borger v. Eighth Judicial District Court of State of Nevadagreen
nev · 2004 · cited in 1 Nevada opinions naming this issue, 2014–2014
1 sentence

2014As we have previously acknowledged, the NRS 41A.071 affidavit requirement is a preliminary procedural rule subject to the notice-pleading standard, and thus, it must be "liberally construe [d] . in a manner that is consistent with our NRCP 12 jurisprudence." Borger, 120 Nev. at 1028, 102 P.3d at 605 (recognizing that "NRS 41A.071 governs the threshold requirements for initial pleadings in medical malpractice cases, not the ultimate trial of such matters").

11
Breliant v. Preferred Equities Corp.green
nev · 1993 · cited in 1 Nevada opinions naming this issue, 2014–2014
2 sentences

2014Given that the purpose of a complaint is to "give fair notice of the nature and basis of a legally sufficient claim and the relief requested," Breliant v. Preferred Equities Corp., 109 Nev. 842, 846, 858 P.2d 1258, 1260 (1993), and the purpose of the expert affidavit is to further enable the trial court to determine whether the medical malpractice claims within the complaint have merit, both policy considerations are served when the sufficiency of the affidavit is determined by reading it in conjunction with the complaint.

2014Given that the purpose of a complaint is to "give fair notice of the nature and basis of a legally sufficient claim and the relief requested," Breliant v. Preferred Equities Corp., 109 Nev. 842, 846, 858 P.2d 1258, 1260 (1993), and the purpose of the expert affidavit is to further enable the trial court to determine whether the medical malpractice claims within the complaint have merit, both policy considerations are served when the sufficiency of the affidavit is determined by reading it in conjunction with the complaint.

11
Borger v. Dist. Ct.green
nev · 2004 · cited in 1 Nevada opinions naming this issue, 2014–2014
1 sentence

2014As we have previously acknowledged, the NRS 41A.071 affidavit requirement is a preliminary procedural rule subject to the notice-pleading standard, and thus, it must be "liberally construe [d] . in a manner that is consistent with our NRCP 12 jurisprudence." Borger, 120 Nev. at 1028, 102 P.3d at 605 (recognizing that "NRS 41A.071 governs the threshold requirements for initial pleadings in medical malpractice cases, not the ultimate trial of such matters").

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Nevada. Read the followed side critically anyway.

Statutes the citing opinions construe

NV § Nev. Rev. Stat. § 41.0322 (3) USC § 42u.s.c.1997e(a) (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

OH 31 (1995–2026) NY 29 (2020–2026) AZ 28 (2008–2026) TN 22 (2011–2026) DE 15 (1996–2026) NE 13 (2017–2025) TX 12 (1984–2025) NC 11 (2008–2026) HI 9 (2019–2026) IL 7 (2004–2026) IN 7 (1996–2025) VI 5 (2017–2026) WI 5 (2005–2024) ME 5 (2022–2024) NV 5 (2014–2015) GA 4 (2012–2022) CO 4 (2001–2015) WA 4 (2013–2016) KY 4 (2021–2026) MA 3 (2006–2026) VT 3 (2014–2026) MO 3 (2003–2007) WV 3 (2024–2025) MN 3 (2014–2015) UT 3 (1989–2014) KS 3 (2005–2024) NM 3 (2015–2025) MS 2 (2014–2018) IA 2 (2019–2023) RI 2 (2010–2011) SC 2 (2001–2018) OK 2 (2009–2020) ID 2 (2020–2020) AL 2 (2004–2007) AK 2 (2021–2023) VA 2 (2023–2023)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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