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Ninth Circuit· 7/25/2019

Cftc v. Monex Credit Co.

Citations

  • 931 F.3d 966

How courts have described this case

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

  • explaining that courts 19 may “consider an affirmative defense on a motion to dismiss when there is some 20 obvious bar to securing relief on the face of the complaint” (internal quotation marks 21 removed)
  • noting importance of distinction 23 between a claim element and an affirmative defense “because Rule 8 does not require plaintiffs to 24 plead around affirmative defenses”
  • “Rule 8 does not require plaintiffs to plead around affirmative defenses.” (citing Jones, 549 U.S. at 216)
  • “[D]ismissal based on an affirmative defense is permitted when the complaint establishes the defense”
  • “[D]ismissal based on an affirmative defense is permitted when the complaint establishes the defense”
  • “Rule 8 does not require plaintiffs to plead around affirmative defenses.”

Source: CourtListener parenthetical corpus (CC0).

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Cited by

7 cases in this archive cite this case.

Cites

28 cases in this archive are cited by this case; the 20 most cited are listed.

Sourced from CourtListener / Free Law Project (CC0).

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