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.

About McDonald Carano

McDonald Carano has been shaping Nevada’s legal, business, and policy landscape since our founding in 1949. With more than 60 lawyers and government affairs professionals working from offices in Reno, Las Vegas, and Carson City, we are Nevada’s law firm for business. Our local, national and international clients include Fortune 500 corporations, fast-growth and mid-market companies, entrepreneurs and startups, non-profit organizations, government entities, and high-net-worth individuals. Our attorneys deliver cross-discipline, one-stop, business law and government affairs counsel. Please visit

Media Contact

Mark Buckovich


You have chosen to send an email to McDonald Carano. The sending or receipt of this email and the information in it does not in itself create an attorney-client relationship. If you are not already a client, you should not provide us with information that you wish to have treated as privileged or confidential without first speaking to one of our lawyers. If you provide information before we confirm that you are a client and that we are willing and able to represent you, we may not be required to treat that information as privileged, confidential, or protected information, and we may be able to represent a party adverse to you.

I have read this and want to send an email.