impermissible claim (Nevada) · Go Syfert
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impermissible claim in Nevada

12 Nevada opinions name it 2 courts 1985–2021 1 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
Soebbing v. Carpet Barn, Inc.green
nev · 1993 · cited in 5 Nevada opinions naming this issue, 2013–2015
2 sentences

2015COURT OF APPEALS OF NEVADA 14 (0) 194'7B the plaintiff seeks to amend the complaint in order to plead an impermissible claim, such as one which would not survive a motion to dismiss under NRCP 12(b)(5) or a "last-second amendment[] alleging meritless claims in an attempt to save a case from summary judgment." Soebbing v. Carpet Barn, Inc., 109 Nev. 78, 84, 847 P.2d 731, 736 (1993).

2015COURT OF APPEALS OF NEVADA 14 (0) 194'7B the plaintiff seeks to amend the complaint in order to plead an impermissible claim, such as one which would not survive a motion to dismiss under NRCP 12(b)(5) or a "last-second amendment[] alleging meritless claims in an attempt to save a case from summary judgment." Soebbing v. Carpet Barn, Inc., 109 Nev. 78, 84, 847 P.2d 731, 736 (1993).

55
Halcrow, Inc. v. Eighth Judicial District Court of the State of Nevada Ex Rel. County of Clarkgreen
nev · 2013 · cited in 4 Nevada opinions naming this issue, 2014–2021
2 sentences

2021Court, 129 Nev. 394, 398 , 302 P.3d 1148, 1152 (2013) (holding that leave to amend should not be granted if the plaintiff seeks to plead an impermissible claim and amendment would therefore be futile).

2021Court, 129 Nev. 394, 398 , 302 P.3d 1148, 1152 (2013) (holding that leave to amend should not be granted if the plaintiff seeks to plead an impermissible claim and amendment would therefore be futile).

34
Nutton v. Sunset Station, Inc.green
nevapp · 2015 · cited in 1 Nevada opinions naming this issue, 2018–2018
2 sentences

2018"A proposed amendment may be deemed futile if the plaintiff seeks to amend the complaint in order to plead an impermissible claim, such as one which would not survive a motion to dismiss under NRCP 12(b)(5) or a last-second amendment] ] alleging meritless claims in an attempt to save a case from summary judgment." Nutton, 131 Nev. at 289, 357 P.3d at 973 (alteration in original) (internal quotation marks omitted).

2018"A proposed amendment may be deemed futile if the plaintiff seeks to amend the complaint in order to plead an impermissible claim, such as one which would not survive a motion to dismiss under NRCP 12(b)(5) or a last-second amendment] ] alleging meritless claims in an attempt to save a case from summary judgment." Nutton, 131 Nev. at 289, 357 P.3d at 973 (alteration in original) (internal quotation marks omitted).

11
Holcomb Condominium Homeowners' Ass'n v. Stewart Venture, LLCgreen
nev · 2013 · cited in 1 Nevada opinions naming this issue, 2015–2015
1 sentence

2015Homeowners' Ass'n, Inc. v. Stewart Venture, LLC, 129 Nev. „ 300 P.3d 124, 130-31 (2013) (setting forth the standard of review).

11
Buzz Stew, LLC v. City of North Las Vegasgreen
nev · 2008 · cited in 1 Nevada opinions naming this issue, 2014–2014
2 sentences

2014Court, 129 Nev. „ 302 P.3d 1148, 1152 (2013) (explaining that leave to amend a complaint should be denied if the proposed amendment would be futile because it attempts to plead an impermissible claim); Buzz Stew, LLC v. City of N. Las Vegas, 124 Nev. 224, 228 , 181 P.3d 670, 672 (2008) (providing that a complaint should be dismissed "if it appears beyond a doubt that [the plaintiff] could prove no set of facts, which, if true, would entitle [him or her] to relief).

2014Court, 129 Nev. „ 302 P.3d 1148, 1152 (2013) (explaining that leave to amend a complaint should be denied if the proposed amendment would be futile because it attempts to plead an impermissible claim); Buzz Stew, LLC v. City of N. Las Vegas, 124 Nev. 224, 228 , 181 P.3d 670, 672 (2008) (providing that a complaint should be dismissed "if it appears beyond a doubt that [the plaintiff] could prove no set of facts, which, if true, would entitle [him or her] to relief).

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (3)

CaseCitedYears
Galloway v. Truesdell green
nev · 1967
2 sentences

1994Id. at 31, 422 P.2d at 249 .

1994Id. at 31, 422 P.2d at 249 .

11994–1994
Wade v. State neutral
nev · 1981
2 sentences

1985Appellant challenges a jury instruction given at his trial, on the ground that the instruction created an impermissible presumption of intent, in violation of Wade v. State, 97 Nev. 350 , 630 P.2d 1219 (1981). 1 See also Sandstrom v. Montana, 442 U.S. 510 (1979).

1985Appellant challenges a jury instruction given at his trial, on the ground that the instruction created an impermissible presumption of intent, in violation of Wade v. State, 97 Nev. 350 , 630 P.2d 1219 (1981). 1 See also Sandstrom v. Montana, 442 U.S. 510 (1979).

11985–1985
Sandstrom v. Montana green
scotus · 1979
1 sentence

1985Appellant challenges a jury instruction given at his trial, on the ground that the instruction created an impermissible presumption of intent, in violation of Wade v. State, 97 Nev. 350 , 630 P.2d 1219 (1981). 1 See also Sandstrom v. Montana, 442 U.S. 510 (1979).

11985–1985

Statutes the citing opinions construe

NV § Nev. Rev. Stat. § 50.265 (4)

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

CA 169 (1965–2026) NY 55 (1964–2026) TX 34 (1973–2024) PA 27 (1978–2025) FL 24 (1980–2026) MI 18 (1984–2023) IL 14 (1962–2015) WA 13 (1978–2022) WV 12 (1978–2026) NV 12 (1985–2021) NC 10 (1989–2022) CO 10 (1966–2016) OR 10 (1986–2025) DC 9 (1982–2022) MA 8 (1979–2011) MO 8 (1980–2023) IA 8 (2014–2023) OH 7 (1999–2023) MN 6 (1968–2025) WI 6 (1987–2017) NJ 6 (1981–2021) AZ 6 (1987–2017) AL 5 (1983–2016) IN 5 (1991–2020) CT 5 (1985–2010) GA 5 (1989–2026) ND 4 (1984–2023) OK 4 (1980–2006) LA 4 (1983–2022) TN 3 (2007–2025) RI 3 (1981–2026) MD 3 (1974–2001) ME 3 (2002–2015) NM 2 (2010–2022) VT 2 (1984–2010) MT 2 (2007–2010) SC 2 (1994–1996) UT 2 (1988–2022)

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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