South Dakota Supreme Court
John K. Nooney and Kimberly Nooney, Plaintiffs and Appellants v. Stubhub, Inc., a Delaware Corporation, Defendant…
December 30, 20152015 S.D. LEXIS 186
Summary
The South Dakota Supreme Court held that the circuit court properly considered the StubHub Fan Protect Guarantee because it was incorporated into the complaint, and that the Nooneys’ complaint sufficiently stated claims for breach of contract and fraudulent inducement, reversing the dismissal on the merits.
Holding
- Whether the circuit court erred in considering the Fan Protect Guarantee without treating the motion to dismiss as a motion for summary judgment. The court may consider documents incorporated by reference in the complaint; such documents are not “outside” the pleadings for a motion to dismiss.
- Whether the Nooneys’ complaint failed to state a claim upon which relief could be granted. The complaint sufficiently alleged facts to state claims for breach of contract and fraudulent inducement.
Docket 27408
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