Short History of “No Set of Facts”
September 1, The Writ, Appellate Briefs
While the federal court system has “Twombly” and “Iqbal,” Nevada state courts have “Buzz Stew.” Practitioners in Nevada are very used to seeing Buzz Stew, LLC v. City of North Las Vegas cited for the legal standard on a motion to dismiss brought pursuant to NRCP 12(b)(5). 124 Nev. 224, 227-28, 181 P.3d 670, 672 (2008). Buzz Stew’s talismanic words are that a complaint “should be dismissed only if it appears beyond a doubt that [the plaintiff] could prove no set of facts, which, if true, would entitle [it] to relief.” To read entire article click here.
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