plausible claim in Nebraska

2025“Only after the matter had been set for trial and the summary judgment motions fully briefed did [Muhlbauer] move to amend at oral argument on the motions.” Id.

2025CREIGHTON UNIVERSITY Cite as 320 Neb. 478 exists, 32 while other states have found that such an interest does exist. 33 Based on our set principles of conversion, we conclude that the students have stated a plausible claim for relief such that they can overcome a motion to dismiss.

2024DIST. 77-0037 Cite as 316 Neb. 705 facts to state a plausible claim, we reverse the district court’s order and remand the cause for further proceedings.

2021ZUTAVERN REVOCABLE TRUST Cite as 309 Neb. 542 must allege sufficient facts to state a claim to relief that is plausible on its face. 30 When analyzing a lower court’s dis- missal of a complaint for failure to state a claim, an appellate court accepts the complaint’s factual allegations as true and construes them in the light most favorable to the plaintiff. 31 Consequently, we look to the factual pleadings in the peti- tion, accepting all allegations as true and drawing all reason- able inferences therefrom in favor of Shawn and Russell to determine whether they have stated a plausible claim a

2021ZUTAVERN REVOCABLE TRUST Cite as 309 Neb. 542 must allege sufficient facts to state a claim to relief that is plausible on its face. 30 When analyzing a lower court’s dis- missal of a complaint for failure to state a claim, an appellate court accepts the complaint’s factual allegations as true and construes them in the light most favorable to the plaintiff. 31 Consequently, we look to the factual pleadings in the peti- tion, accepting all allegations as true and drawing all reason- able inferences therefrom in favor of Shawn and Russell to determine whether they have stated a plausible claim a

2021Supp. 2020). - 188 - Nebraska Supreme Court Advance Sheets 310 Nebraska Reports PRESERVE THE SANDHILLS v. CHERRY COUNTY Cite as 310 Neb. 184 the county board’s decision to extend the time to perform a conditional use” and (2) dismissing the case “because it did not agree that the standard of review requested by PTS was appropriate.” The cross-appeal assigns that the district court erred in fail- ing to dismiss PTS’ appeal “for the separate and independent reason that [PTS] failed to state a plausible claim upon which relief can be granted.” IV.

2021ZUTAVERN REVOCABLE TRUST Cite as 309 Neb. 542 trustees have great control over the beneficiaries’ property interests and beneficiaries cannot readily terminate their fidu- ciaries or dispose of their interests, ‘[t]he duty of loyalty is, for trustees, particularly strict even by comparison to the stan- dards of other fiduciary relationships.’” 37 Trusts raise policy concerns regarding the potential for self-dealing, because trust beneficiaries often have inferior knowledge about a transac- tion and have a limited ability to protect their interests absent the trustee’s full disclosure or court

2021ZUTAVERN REVOCABLE TRUST Cite as 309 Neb. 542 trustees have great control over the beneficiaries’ property interests and beneficiaries cannot readily terminate their fidu- ciaries or dispose of their interests, ‘[t]he duty of loyalty is, for trustees, particularly strict even by comparison to the stan- dards of other fiduciary relationships.’” 37 Trusts raise policy concerns regarding the potential for self-dealing, because trust beneficiaries often have inferior knowledge about a transac- tion and have a limited ability to protect their interests absent the trustee’s full disclosure or court

2021ZUTAVERN REVOCABLE TRUST Cite as 309 Neb. 542 must allege sufficient facts to state a claim to relief that is plausible on its face. 30 When analyzing a lower court’s dis- missal of a complaint for failure to state a claim, an appellate court accepts the complaint’s factual allegations as true and construes them in the light most favorable to the plaintiff. 31 Consequently, we look to the factual pleadings in the peti- tion, accepting all allegations as true and drawing all reason- able inferences therefrom in favor of Shawn and Russell to determine whether they have stated a plausible claim a

2021ZUTAVERN REVOCABLE TRUST Cite as 309 Neb. 542 trustees have great control over the beneficiaries’ property interests and beneficiaries cannot readily terminate their fidu- ciaries or dispose of their interests, ‘[t]he duty of loyalty is, for trustees, particularly strict even by comparison to the stan- dards of other fiduciary relationships.’” 37 Trusts raise policy concerns regarding the potential for self-dealing, because trust beneficiaries often have inferior knowledge about a transac- tion and have a limited ability to protect their interests absent the trustee’s full disclosure or court

2021ZUTAVERN REVOCABLE TRUST Cite as 309 Neb. 542 must allege sufficient facts to state a claim to relief that is plausible on its face. 30 When analyzing a lower court’s dis- missal of a complaint for failure to state a claim, an appellate court accepts the complaint’s factual allegations as true and construes them in the light most favorable to the plaintiff. 31 Consequently, we look to the factual pleadings in the peti- tion, accepting all allegations as true and drawing all reason- able inferences therefrom in favor of Shawn and Russell to determine whether they have stated a plausible claim a

2020Davis v. State, 297 Neb. 955 , 902 N.W.2d 165 (2017).

2020Davis v. State, 297 Neb. 955 , 902 N.W.2d 165 (2017).

2020In support of his argument that he has stated a plausible claim for relief under the Eighth Amendment, Schaeffer relies on Miller v. Alabama, 567 U.S. 460 , 132 S. Ct. 2455 , 183 L.

2020In support of his argument that he has stated a plausible claim for relief under the Eighth Amendment, Schaeffer relies on Miller v. Alabama, 567 U.S. 460 , 132 S. Ct. 2455 , 183 L.

2017The - 834 - Nebraska Court of A ppeals A dvance Sheets 24 Nebraska A ppellate R eports NADEEM v. STATE Cite as 24 Neb.

2016The court stated that the sole issue was whether the Hargesheimers had “alleged sufficient facts, accepted as true, to state a plausible claim that the failure to include Governor Ricketts as a listed ‘sponsor’ on the sworn statement filed with the Nebraska Secretary of State renders the referendum petition on LB 268 legally insufficient.” The court determined that a sponsor under § 32-1405(1) is “‘one who identifies himself or herself as willing to assume statutory - 128 - Nebraska Supreme Court A dvance Sheets 294 Nebraska R eports HARGESHEIMER v. GALE Cite as 294 Neb. 123 responsibilities o