Legal Opinion
Delonga v. Diocese of Sioux Falls
District Court, D. South Dakota
Decided February 26, 2004No. CIV 03-4145PublishedCited by 8 opinions
1Opinion of the Court
MEMORANDUM OPINION AND ORDER
PIERSOL, Chief Judge.
FACTUAL AND PROCEDURAL BACKGROUND
Plaintiff, a resident of Florida, brought this diversity action based on sexual abuse she suffered as a minor. All of the Defendants have moved pursuant to Fed. R.Civ.P. 12(b) for dismissal of Plaintiffs Complaint. A district court should not grant a motion to dismiss unless it appears beyond a reasonable doubt that the plaintiff can prove no set of facts which would entitle her to relief. See Conley v. Gibson, 355 U.S. 41, 45-46, 78 S.Ct. 99, 2 L.Ed.2d 80 (1957); see also Coleman v. Watt, 40 F.3d 255, 258 (8th…
2Cases cited39 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- International Shoe Co. v. WashingtonSupreme Court of the United States · 1945
- World-Wide Volkswagen Corp. v. WoodsonSupreme Court of the United States · 1980
- Shaffer v. HeitnerSupreme Court of the United States · 1977
- Keeton v. Hustler Magazine, Inc.Supreme Court of the United States · 1984
34 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Gerald P. Pecoraro v. The Diocese of Rapid City, a South Dakota Nonprofit CorporationCourt of Appeals for the Eighth Circuit · 2006
- Bernie v. Blue Cloud AbbeySouth Dakota Supreme Court · 2012
- C P v. 1District Court, W.D. Louisiana · 2025
- E.T. v. the Boys and Girls Club of Hudson CountySupreme Court of New Jersey · 2026
- Gerald P. Pecoraro v. Diocese Rapid CityCourt of Appeals for the Eighth Circuit · 2006
3 more not listed; retrieve them via the Exa API.