Legal Opinion

McVay v. Allied World Assurance Co.

District Court, D. Nevada

Decided April 18, 2014No. 3:13-cv-00359-HDM-WGCPublishedCited by 1 opinion

1Opinion of the Court

ORDER

HOWARD D. McKIBBEN, District Judge.

Before the court are the defendants’ motions to dismiss for failure to state a claim (# 15, # 22). Plaintiff has opposed the motions (# 16, # 30, # 33), and defendants have replied (# 19, # 35).

Facts

In August 2009, plaintiff slipped and fell in a gas station convenience store owned by the Fallon Tribal Development Corporation (“FTDC”), which is an entity of the Fallon Paiute-Shoshone Indian Tribe (“Tribe”).1

The Tribe is covered by an insurance policy issued by defendant Allied and administered by defendant York. The “Sovereign Nation Commercial…

2Cases cited16 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  3. Learjet, Inc. v. Oneok, Inc.Court of Appeals for the Ninth Circuit · 2013
  4. Paulsen v. CNF INC.Court of Appeals for the Ninth Circuit · 2009
  5. LSO, Ltd. v. StrohCourt of Appeals for the Ninth Circuit · 2000

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3Cited by1 opinion

  1. Mata v. Zillow Group, Inc.District Court, S.D. California · 2024

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