Bank Leumi Le-Israel, B.M., a Foreign Corporation v. Dennis Lee, an Individual

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that defendant was required to plead payment as a defense in challenging plaintiff’s enforcement of a guaranty
• noting that court is required to draw “only those inferences that are reasonable”
• holding, in an action to enforce a guaranty, that the defendant waived the defense of payment by not raising it before the district court where he alleged that his obligation to pay under a guaranty was discharged because he paid the underlying debt
• “purpose of Rule 8(c) is to give plaintiff adequate notice prior to trial of the defenses that the defendant intends to assert.”
• affirmative defense waived if not pleaded and parties did not actually litigate the matter
• “These implausible inferences and unsupported speculation are insufficient to defeat summary judgment.” (collecting cases)

Source: CourtListener parenthetical corpus (CC0).