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10 Wyoming opinions name it 1 courts 1956–2016 0 in the last five years
The cases below were cited by Wyoming 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.
| Case | Followed | Cited |
|---|---|---|
Excel Construction, Inc. v. HKM Engineering, Inc.green2 sentences2016Inc. v. HKM Engineering, Inc., 2010 WY 34, ¶¶ 33-36 , 228 P.3d 40, 48-49 (Wyo. 2010). 2016Inc. v. HKM Engineering, Inc., 2010 WY 34, ¶¶ 33-36 , 228 P.3d 40, 48-49 (Wyo. 2010). | 1 | 1 |
Kimbley v. City of Green Rivergreen1 sentence1992In Kimbley v. City of Green River, 642 P.2d 443, 446 (Wyo.1982), we stated that conversion under Rule 12(b) cannot be accomplished unless the nonmoving party has (1) notice of the court’s intent to convert the motion to one for summary judgment, and (2) an opportunity to submit rebuttal materials under Rule 56. | 1 | 1 |
Wyoming Insurance Department v. Sierra Life Insurance Co.green1 sentence1988See Wyoming Insurance Department v. Sierra Life Insurance Company, Wyo., 599 P.2d 1360 (1979). | 1 | 1 |
SCHOOL DISTRICTS NOS. 2, 3, 6, 9, AND 10 v. Cookgreen2 sentences1979The last sentence of Rule 12(b) provides: “If, on a motion asserting the defense numbered (6) to dismiss for failure of the pleading to state a claim upon which relief can be granted, matters outside the pleading are presented to and not excluded by the court, the motion shall be treated as one for summary judgment and disposed of as provided in Rule 56, and all parties shall be given reasonable opportunity to present all material made pertinent to such a motion by Rule 56.” In School Districts Nos. 2, 3, 6, 9, and 10 v. Cook, Wyo., 424 P.2d 751, 754 (1967), we held that if a court, pursuant t 1979The last sentence of Rule 12(b) provides: "If, on a motion asserting the defense numbered (6) to dismiss for failure of the pleading to state a claim upon which relief can be granted, matters outside the pleading are presented to and not excluded by the court, the motion shall be treated as one for summary judgment and *1362 disposed of as provided in Rule 56, and all parties shall be given reasonable opportunity to present all material made pertinent to such a motion by Rule 56." In School Districts Nos. 2, 3, 6, 9, and 10 v. Cook, Wyo., 424 P.2d 751, 754 (1967), we held that if a court, purs | 1 | 1 |
Kuhn v. McKaygreen2 sentences1956Assuming then that the issues *136 were so narrowed by the pleading and that the instruction was wrongfully given, still we must further inquire, first, if evidence received without objection, served to enlarge the issues sufficiently to have permitted an amendment whether formal or not (see Kuhn v. McKay, 7 Wyo. 42, 57, 58 , 49 P. 473, 476 , 51 P. 205 ; Quinlan v. Jones, 27 Wyo. 410, 417 , 198 P. 352, 353 ; Washburn-Bettis Co. v. Surety Co., 38 Wyo. 530, 534 , 269 P. 27, 29 ; Claughton v. Johnson, 47 Wyo. 447, 461 , 38 P. 2d 612, 616 , 47 Wyo. 536, 543 , 41 P .2d 527, 529; Urback v. Urback, 5 1956Assuming then that the issues *136 were so narrowed by the pleading and that the instruction was wrongfully given, still we must further inquire, first, if evidence received without objection, served to enlarge the issues sufficiently to have permitted an amendment whether formal or not (see Kuhn v. McKay, 7 Wyo. 42, 57, 58 , 49 P. 473, 476 , 51 P. 205 ; Quinlan v. Jones, 27 Wyo. 410, 417 , 198 P. 352, 353 ; Washburn-Bettis Co. v. Surety Co., 38 Wyo. 530, 534 , 269 P. 27, 29 ; Claughton v. Johnson, 47 Wyo. 447, 461 , 38 P. 2d 612, 616 , 47 Wyo. 536, 543 , 41 P .2d 527, 529; Urback v. Urback, 5 | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Wyoming. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Amrein v. Wyoming Livestock Board
red
2 sentences2011If they were intended to impose a "jurisdictional" pleading requirement, Beli and Dee did so without any suggestion that the statute or the constitution intended to deprive the district court of "jurisdiction" to exercise its authority in suits against the government; attempting to explain the new rule in light of § 1-89-117 which expressly places original and exclusive jurisdiction for governmental claims in the district courts; offering any reason for the new pleading requirement; mentioning why a pleading deficiency could not be cured by amendment if, in fact, a proper notice of claim had b 2011If they were intended to impose a "jurisdictional" pleading requirement, Bell and Dee did so without any suggestion that the statute or the constitution intended to deprive the district court of "jurisdiction" to exercise its authority in suits against the government; attempting to explain the new rule in light of § 1-39-117 which expressly places original and exclusive jurisdiction for governmental claims in the district courts; offering any reason for the new pleading requirement; mentioning why a pleading deficiency could not be cured by amendment if, in fact, a proper notice of claim had b | 2 | 2011–2011 |
Beaulieu v. Florquist
yellow
2 sentences2009The Court also announced a new pleading requirement mandating that a complaint asserting a cause of action under the Wyoming Governmental Claims Act must allege compliance with the statutory and "constitutional signature and certification requirements." Beaulieu II, ¶ 15, 86 P.3d at 869 . [¶11] W.R.C.P. 9 specifically addresses pleading requirements for conditions precedent. 2009The Court also announced a new pleading requirement mandating that a complaint asserting a cause of action under the Wyoming Governmental Claims Act must allege compliance with the statutory and "constitutional signature and certification requirements." Beaulieu II, ¶ 15, 86 P.3d at 869 . [T11] W.R.C.P. 9 specifically addresses pleading requirements for conditions precedent. | 1 | 2009–2009 |
Gaines v. Doby
green
1 sentence1991I would not find Gaines v. Doby, 794 P.2d 566 (Wyo.1990), Macy, J., dissenting, cited by both litigants to supercede the pleading rule of Connors . | 1 | 1991–1991 |
Sykes v. Midwestern Indemnity Co.
green
2 sentences1980Of like tenor are Insurance Company of North America v. Forty-Eight Insulations, Inc., 451 F.Supp. 1230 (E.D.Mich. 1978); Afcan v. Mutual Fire, Marine and Inland Insurance Co., Alaska, 595 P.2d 638 (1979); and Sykes v. Midwestern Indemnity Company, 38 Ohio Misc. 64 , 311 N.E.2d 906 (1978). . 1980Of like tenor are Insurance Company of North America v. Forty-Eight Insulations, Inc., 451 F.Supp. 1230 (E.D.Mich. 1978); Afcan v. Mutual Fire, Marine and Inland Insurance Co., Alaska, 595 P.2d 638 (1979); and Sykes v. Midwestern Indemnity Company, 38 Ohio Misc. 64 , 311 N.E.2d 906 (1978). . | 1 | 1980–1980 |
Insurance Co. of North America v. Forty-Eight Insulations, Inc.
green
2 sentences1980Of like tenor are Insurance Company of North America v. Forty-Eight Insulations, Inc., 451 F.Supp. 1230 (E.D.Mich. 1978); Afcan v. Mutual Fire, Marine and Inland Insurance Co., Alaska, 595 P.2d 638 (1979); and Sykes v. Midwestern Indemnity Company, 38 Ohio Misc. 64 , 311 N.E.2d 906 (1978). . 1980Of like tenor are Insurance Company of North America v. Forty-Eight Insulations, Inc., 451 F. Supp. 1230 (E.D.Mich. 1978); Afcan v. Mutual Fire, Marine and Inland Insurance Co., Alaska, 595 P.2d 638 (1979); and Sykes v. Midwestern Indemnity Company, 38 Ohio Misc. 64 , 311 N.E.2d 906 (1978). [3] We do not decide the question of coverage under the second policy. | 1 | 1980–1980 |
Flori v. Allstate Insurance
green
2 sentences1980Since we do not have the complete pleading file in this record we cannot apply the pleading test as was done in Flori v. Allstate Insurance Company, R.I., 388 A.2d 25 (1978). 1980NOTES [1] Having concluded to resolve this appeal on other grounds, the issue raised concerning the doctrine of reasonable expectations is not discussed any further. [2] Since we do not have the complete pleading file in this record we cannot apply the pleading test as was done in Flori v. Allstate Insurance Company, R.I., 388 A.2d 25 (1978). | 1 | 1980–1980 |
Alm v. Hartford Fire Insurance Company
green
2 sentences1980Alm v. Hartford Insurance Company, Wyo., 369 P.2d 216 (1962), appears to adopt the pleading test, and the court there says that ambiguity in a complaint for which coverage is claimed should be resolved against an insurance company. 1980Alm v. Hartford Insurance Company, Wyo., 369 P.2d 216 (1962), appears to adopt the pleading test, and the court there says that ambiguity in a complaint for which coverage is claimed should be resolved against an insurance company. | 1 | 1980–1980 |
Afcan v. Mutual Fire, Marine & Inland Insurance Co.
green
2 sentences1980Of like tenor are Insurance Company of North America v. Forty-Eight Insulations, Inc., 451 F.Supp. 1230 (E.D.Mich. 1978); Afcan v. Mutual Fire, Marine and Inland Insurance Co., Alaska, 595 P.2d 638 (1979); and Sykes v. Midwestern Indemnity Company, 38 Ohio Misc. 64 , 311 N.E.2d 906 (1978). . 1980Of like tenor are Insurance Company of North America v. Forty-Eight Insulations, Inc., 451 F. Supp. 1230 (E.D.Mich. 1978); Afcan v. Mutual Fire, Marine and Inland Insurance Co., Alaska, 595 P.2d 638 (1979); and Sykes v. Midwestern Indemnity Company, 38 Ohio Misc. 64 , 311 N.E.2d 906 (1978). [3] We do not decide the question of coverage under the second policy. | 1 | 1980–1980 |
Quinlan v. Jones
green
2 sentences1956Assuming then that the issues *136 were so narrowed by the pleading and that the instruction was wrongfully given, still we must further inquire, first, if evidence received without objection, served to enlarge the issues sufficiently to have permitted an amendment whether formal or not (see Kuhn v. McKay, 7 Wyo. 42, 57, 58 , 49 P. 473, 476 , 51 P. 205 ; Quinlan v. Jones, 27 Wyo. 410, 417 , 198 P. 352, 353 ; Washburn-Bettis Co. v. Surety Co., 38 Wyo. 530, 534 , 269 P. 27, 29 ; Claughton v. Johnson, 47 Wyo. 447, 461 , 38 P. 2d 612, 616 , 47 Wyo. 536, 543 , 41 P .2d 527, 529; Urback v. Urback, 5 1956Assuming then that the issues *136 were so narrowed by the pleading and that the instruction was wrongfully given, still we must further inquire, first, if evidence received without objection, served to enlarge the issues sufficiently to have permitted an amendment whether formal or not (see Kuhn v. McKay, 7 Wyo. 42, 57, 58 , 49 P. 473, 476 , 51 P. 205 ; Quinlan v. Jones, 27 Wyo. 410, 417 , 198 P. 352, 353 ; Washburn-Bettis Co. v. Surety Co., 38 Wyo. 530, 534 , 269 P. 27, 29 ; Claughton v. Johnson, 47 Wyo. 447, 461 , 38 P. 2d 612, 616 , 47 Wyo. 536, 543 , 41 P .2d 527, 529; Urback v. Urback, 5 | 1 | 1956–1956 |
Claughton v. Johnson
green
2 sentences1956Assuming then that the issues *136 were so narrowed by the pleading and that the instruction was wrongfully given, still we must further inquire, first, if evidence received without objection, served to enlarge the issues sufficiently to have permitted an amendment whether formal or not (see Kuhn v. McKay, 7 Wyo. 42, 57, 58 , 49 P. 473, 476 , 51 P. 205 ; Quinlan v. Jones, 27 Wyo. 410, 417 , 198 P. 352, 353 ; Washburn-Bettis Co. v. Surety Co., 38 Wyo. 530, 534 , 269 P. 27, 29 ; Claughton v. Johnson, 47 Wyo. 447, 461 , 38 P. 2d 612, 616 , 47 Wyo. 536, 543 , 41 P .2d 527, 529; Urback v. Urback, 5 1956Assuming then that the issues *136 were so narrowed by the pleading and that the instruction was wrongfully given, still we must further inquire, first, if evidence received without objection, served to enlarge the issues sufficiently to have permitted an amendment whether formal or not (see Kuhn v. McKay, 7 Wyo. 42, 57, 58 , 49 P. 473, 476 , 51 P. 205 ; Quinlan v. Jones, 27 Wyo. 410, 417 , 198 P. 352, 353 ; Washburn-Bettis Co. v. Surety Co., 38 Wyo. 530, 534 , 269 P. 27, 29 ; Claughton v. Johnson, 47 Wyo. 447, 461 , 38 P. 2d 612, 616 , 47 Wyo. 536, 543 , 41 P .2d 527, 529; Urback v. Urback, 5 | 1 | 1956–1956 |
Washburn-Bettis Co. v. Southern Surety Co.
neutral
2 sentences1956Assuming then that the issues *136 were so narrowed by the pleading and that the instruction was wrongfully given, still we must further inquire, first, if evidence received without objection, served to enlarge the issues sufficiently to have permitted an amendment whether formal or not (see Kuhn v. McKay, 7 Wyo. 42, 57, 58 , 49 P. 473, 476 , 51 P. 205 ; Quinlan v. Jones, 27 Wyo. 410, 417 , 198 P. 352, 353 ; Washburn-Bettis Co. v. Surety Co., 38 Wyo. 530, 534 , 269 P. 27, 29 ; Claughton v. Johnson, 47 Wyo. 447, 461 , 38 P. 2d 612, 616 , 47 Wyo. 536, 543 , 41 P .2d 527, 529; Urback v. Urback, 5 1956Assuming then that the issues *136 were so narrowed by the pleading and that the instruction was wrongfully given, still we must further inquire, first, if evidence received without objection, served to enlarge the issues sufficiently to have permitted an amendment whether formal or not (see Kuhn v. McKay, 7 Wyo. 42, 57, 58 , 49 P. 473, 476 , 51 P. 205 ; Quinlan v. Jones, 27 Wyo. 410, 417 , 198 P. 352, 353 ; Washburn-Bettis Co. v. Surety Co., 38 Wyo. 530, 534 , 269 P. 27, 29 ; Claughton v. Johnson, 47 Wyo. 447, 461 , 38 P. 2d 612, 616 , 47 Wyo. 536, 543 , 41 P .2d 527, 529; Urback v. Urback, 5 | 1 | 1956–1956 |
Claughton v. Johnson
green
1 sentence1956Assuming then that the issues *136 were so narrowed by the pleading and that the instruction was wrongfully given, still we must further inquire, first, if evidence received without objection, served to enlarge the issues sufficiently to have permitted an amendment whether formal or not (see Kuhn v. McKay, 7 Wyo. 42, 57, 58 , 49 P. 473, 476 , 51 P. 205 ; Quinlan v. Jones, 27 Wyo. 410, 417 , 198 P. 352, 353 ; Washburn-Bettis Co. v. Surety Co., 38 Wyo. 530, 534 , 269 P. 27, 29 ; Claughton v. Johnson, 47 Wyo. 447, 461 , 38 P. 2d 612, 616 , 47 Wyo. 536, 543 , 41 P .2d 527, 529; Urback v. Urback, 5 | 1 | 1956–1956 |
Urbach v. Urbach
green
2 sentences1956Assuming then that the issues *136 were so narrowed by the pleading and that the instruction was wrongfully given, still we must further inquire, first, if evidence received without objection, served to enlarge the issues sufficiently to have permitted an amendment whether formal or not (see Kuhn v. McKay, 7 Wyo. 42, 57, 58 , 49 P. 473, 476 , 51 P. 205 ; Quinlan v. Jones, 27 Wyo. 410, 417 , 198 P. 352, 353 ; Washburn-Bettis Co. v. Surety Co., 38 Wyo. 530, 534 , 269 P. 27, 29 ; Claughton v. Johnson, 47 Wyo. 447, 461 , 38 P. 2d 612, 616 , 47 Wyo. 536, 543 , 41 P .2d 527, 529; Urback v. Urback, 5 1956Assuming then that the issues *136 were so narrowed by the pleading and that the instruction was wrongfully given, still we must further inquire, first, if evidence received without objection, served to enlarge the issues sufficiently to have permitted an amendment whether formal or not (see Kuhn v. McKay, 7 Wyo. 42, 57, 58 , 49 P. 473, 476 , 51 P. 205 ; Quinlan v. Jones, 27 Wyo. 410, 417 , 198 P. 352, 353 ; Washburn-Bettis Co. v. Surety Co., 38 Wyo. 530, 534 , 269 P. 27, 29 ; Claughton v. Johnson, 47 Wyo. 447, 461 , 38 P. 2d 612, 616 , 47 Wyo. 536, 543 , 41 P .2d 527, 529; Urback v. Urback, 5 | 1 | 1956–1956 |
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.
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.