· 4/13/2012
Cataldo v. United States Steel Corp.
Citations
- 676 F.3d 542
- 52 Employee Benefits Cas. (BNA) 2815
- 2012 U.S. App. LEXIS 7460
- 2012 WL 1232642
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that, because the statute of limitations is an affirmative defense, “a motion under Rule 12(b)(6), which considers only the allegations in the complaint, is generally an inappropriate vehicle for dismissing a claim” on this basis
- noting that an “open question” exists in the Sixth Circuit on the scope of the fraud or concealment exception
- observing that dismissal is appropriate when “the allegations in the complaint affirmatively show that the claim is time-barred”
- explaining that dismissal on statute of limitations grounds is appropriate when “the allegations in the complaint affirmatively show that the claim is time-barred”
- observing that dismissal is appropriate when “the allegations in the complaint affirmatively show that the claim is time-barred”
- noting that statute of limitations is an affirmative defense, and generally, a plaintiff “need not plead the lack of affirmative defenses to state a valid claim” (citations omitted)
Source: CourtListener parenthetical corpus (CC0).
Judges: Martin, Griffin, Anderson
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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