Legal Opinion

Nooney v. StubHub, Inc.

South Dakota Supreme Court

Decided December 30, 2015No. 27408PublishedCited by 13 opinions

1Opinion of the Court

ZINTER, Justice.

[¶ 1.] John and Kimberly Nooney sued StubHub Inc. after tickets they purchased from StubHub for a concert were not honored at the event. In granting StubHub’s motion to dismiss' .for failure to state a claim, 1 the circuit court considered a document that was not attached to the complaint. ' On appeal, Nooneys argue that the court- erred in considering the document Without • converting the motion to dismiss to a motion for summary judgment. Noo-neys also argue that the court erred in dismissing the complaint on the merits. We affirm the court’s consideration of the document…

2Cases cited7 opinions

  1. Tellabs, Inc. v. Makor Issues & Rights, Ltd.Supreme Court of the United States · 2007
  2. Sander v. Geib, Elston, Frost Professional Ass'nSouth Dakota Supreme Court · 1993
  3. Gruhlke v. Sioux Empire Federal Credit Union, Inc.South Dakota Supreme Court · 2008
  4. Sisney v. Best Inc.South Dakota Supreme Court · 2008
  5. Gul v. Center for Family MedicineSouth Dakota Supreme Court · 2009

2 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. Abdulrazzak v. S.D. Bd. of Pardons and ParolesSouth Dakota Supreme Court · 2020
  2. Healy Ranch v. MinesSouth Dakota Supreme Court · 2022
  3. Total Auctions & Real Estate, LLC v. South Dakota Department of Revenue & RegulationSouth Dakota Supreme Court · 2016
  4. Paul v. BathurstSouth Dakota Supreme Court · 2023
  5. MacH v. ConnorsSouth Dakota Supreme Court · 2022

8 more not listed; retrieve them via the Exa API.

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