8 South Dakota opinions name it 1 courts 1993–2007 0 in the last five years
The cases below were cited by South Dakota 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 |
|---|---|---|
Schlosser v. Norwest Bank South Dakota, N.A.green2 sentences2003STANDARD OF REVIEW [¶ 4.] It is well settled that “[a] motion to dismiss under Rule 12(b)(5) tests the law of a plaintiffs claim, not the facts which support it.” Thompson v. Summers, 1997 SD 103, ¶ 5 , 567 N.W.2d 387, 390 (citing Stumes v. Bloomberg, 1996 SD 93, ¶ 6 , 551 N.W.2d 590, 592 ; Schlosser v. Norwest Bank South Dakota, 506 N.W.2d 416, 418 (S.D.1993)). 2000It is well settled that “[a] motion to dismiss under Rule 12(b)(5) tests the law of a plaintiffs claim, not the facts which support it.” Thompson v. Summers, 1997 SD 103, ¶ 5 , 567 N.W.2d 387, 390 (citing Stumes v. Bloomberg, 1996 SD 93, ¶ 6 , 551 N.W.2d 590, 592 ; Schlosser v. Norwest Bank South Dakota, 506 N.W.2d 416, 418 (S.D.1993)). | 5 | 5 |
Thompson v. Summersgreen2 sentences2007STANDARD OF REVIEW [¶ 11.] “It is well settled that ‘[a] motion to dismiss under Rule 12(b)(5) tests the law of a plaintiffs claim, not the facts which support it.’ ” Osloond v. Farrier, 2003 SD 28, ¶ 4 , 659 N.W.2d 20, 22 (quoting Thompson v. Summers, 1997 SD 103, ¶ 5 , 567 N.W.2d 387, 390 (additional citations omitted)). 2007STANDARD OF REVIEW [¶ 11.] “It is well settled that ‘[a] motion to dismiss under Rule 12(b)(5) tests the law of a plaintiffs claim, not the facts which support it.’ ” Osloond v. Farrier, 2003 SD 28, ¶ 4 , 659 N.W.2d 20, 22 (quoting Thompson v. Summers, 1997 SD 103, ¶ 5 , 567 N.W.2d 387, 390 (additional citations omitted)). | 4 | 5 |
Hunt v. Huntgreen2 sentences1993In a concurring opinion Justice Henderson opined: This appeal is not a ease deciding whether Janklow is right or wrong or the publisher, author, or book sellers are right or wrong; or whether Janklow was or was not libeled; it is only to decide, in law, if his complaint states a cause of action for libel. ⅜ ⅜ ⅜ ⅜ ⅜ ⅜ “A motion to dismiss ... tests the law of a plaintiffs claim and not the facts which support it.” Hunt v. Hunt, 309 N.W.2d 818, 820 (S.D.1981). 1993“A motion to dismiss ... tests the law of a plaintiffs claim and not the facts which support it.” Hunt v. Hunt, 309 N.W.2d 818, 820 (S.D.1981). | 2 | 2 |
Osloond v. Farriergreen2 sentences2007STANDARD OF REVIEW [¶ 11.] “It is well settled that ‘[a] motion to dismiss under Rule 12(b)(5) tests the law of a plaintiffs claim, not the facts which support it.’ ” Osloond v. Farrier, 2003 SD 28, ¶ 4 , 659 N.W.2d 20, 22 (quoting Thompson v. Summers, 1997 SD 103, ¶ 5 , 567 N.W.2d 387, 390 (additional citations omitted)). 2007STANDARD OF REVIEW [¶ 11.] “It is well settled that ‘[a] motion to dismiss under Rule 12(b)(5) tests the law of a plaintiffs claim, not the facts which support it.’ ” Osloond v. Farrier, 2003 SD 28, ¶ 4 , 659 N.W.2d 20, 22 (quoting Thompson v. Summers, 1997 SD 103, ¶ 5 , 567 N.W.2d 387, 390 (additional citations omitted)). | 1 | 1 |
Conley v. Gibsonred2 sentences2000Did the trial court improperly grant Milbank’s motion to dismiss the first party bad faith action? [¶ 13.] Milbank moved to dismiss Brooks’ first party bad faith action under SDCL 15 — 6—12(b)(5) which permits dismissal where the pleadings fail “to state a claim upon which relief can be granted!.]” The trial court granted the motion finding that Brooks failed to plead any specific facts to support the claim for relief. [¶ 14.] The trial court improperly granted this motion since “[a] motion to dismiss under Rule 12(b)(5) tests the law of a plaintiffs claim, not the facts which support it.” Tho 2000Did the trial court improperly grant Milbank’s motion to dismiss the first party bad faith action? [¶ 13.] Milbank moved to dismiss Brooks’ first party bad faith action under SDCL 15 — 6—12(b)(5) which permits dismissal where the pleadings fail “to state a claim upon which relief can be granted!.]” The trial court granted the motion finding that Brooks failed to plead any specific facts to support the claim for relief. [¶ 14.] The trial court improperly granted this motion since “[a] motion to dismiss under Rule 12(b)(5) tests the law of a plaintiffs claim, not the facts which support it.” Tho | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in South Dakota. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Stumes v. Bloomberg
green
2 sentences2003STANDARD OF REVIEW [¶ 4.] It is well settled that “[a] motion to dismiss under Rule 12(b)(5) tests the law of a plaintiffs claim, not the facts which support it.” Thompson v. Summers, 1997 SD 103, ¶ 5 , 567 N.W.2d 387, 390 (citing Stumes v. Bloomberg, 1996 SD 93, ¶ 6 , 551 N.W.2d 590, 592 ; Schlosser v. Norwest Bank South Dakota, 506 N.W.2d 416, 418 (S.D.1993)). 2003STANDARD OF REVIEW [¶ 4.] It is well settled that “[a] motion to dismiss under Rule 12(b)(5) tests the law of a plaintiffs claim, not the facts which support it.” Thompson v. Summers, 1997 SD 103, ¶ 5 , 567 N.W.2d 387, 390 (citing Stumes v. Bloomberg, 1996 SD 93, ¶ 6 , 551 N.W.2d 590, 592 ; Schlosser v. Norwest Bank South Dakota, 506 N.W.2d 416, 418 (S.D.1993)). | 4 | 1997–2003 |
Jensen Ranch, Inc. v. Marsden
green
1 sentence1993In Jensen Ranch we explained: “We stated in Nonvest Bank that a court which treats a motion to dismiss as one for summary judgment must advise the parties of its intent and give all parties an opportunity to present matters pertinent to such a motion by SDCL 15-6-56.” Jensen Ranch, 440 N.W.2d at 764 (citing Norwest Bank Black Hills, N.A. v. Rapid City Teachers Fed. | 1 | 1993–1993 |
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.