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· 6/22/2010

Barnes v. AT & T Pension Benefit Plannonbargained Program

Citations

  • 718 F. Supp. 2d 1167
  • 2010 U.S. Dist. LEXIS 62515
  • 2010 WL 2507769

How courts have described this case

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

  • noting that “the vast majority of courts presented with the issue have extended Twombly’s heightened pleading standard to affirmative defenses”
  • holding 11 defendant’s “arguments regarding prejudice cannot rescue its otherwise legally insufficient 12 affirmative defenses”
  • explaining that Rule 12(f) motions can 13 save time and money, but also are generally disfavored because of the potential for delay tactics 14 and the limited importance of pleadings in federal practice
  • striking an affirmative defense in a class action suit where the affirmative defense contests that plaintiff failed to argue various required elements to state a prima facie case
  • “Applying the [Twombly/Iqbal ] standard will also serve to weed out the boilerplate listing of affirmative defenses which is commonplace in most defendants’ pleadings where many of the defenses alleged are irrelevant to the claims asserted”
  • applying Twombly standard to defense of failure to state a claim

Source: CourtListener parenthetical corpus (CC0).

Judges: Marilyn Hall Patel

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.