Blair v. New York Transp. Co.

How courts have described this case

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

• stating that for an affirmative defense to survive a motion to strike “it must withstand a Rule 12(b)(6) challenge”
• noting different views on “[w]hether ‘failure to state a claim’ can properly be asserted as an affirmative defense”
• striking the defendant’s waiver and estoppel defenses because the defendant did not indicate “which facts support each of the separate defenses”
• dismissing negligent misrepresentation claim against employer with prejudice

Source: CourtListener parenthetical corpus (CC0).