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· 10/6/2006

EPCO Carbon Dioxide Products, Inc. v. JP Morgan Chase Bank, NA

Citations

  • 467 F.3d 466
  • 2006 U.S. App. LEXIS 25036
  • 2006 WL 2846899

How courts have described this case

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

  • explaining that a writing without a signature is a facial defect for purposes of Rule 12(b)(6)
  • explaining that a writing without a signature is a facial defect for purposes of Rule 12(b)(6)
  • “[Pjleadings need not identify every element of [a] claim, particularly where the contested elements relate to the affirmative defense of the statute of frauds.”
  • finding statute Louisiana Credit Agreement Statute operates as a “statute of frauds” for the credit industry been held to reach actions based on implied agreements from a course of dealings or a “previous business relationship”
  • “Although dismissal under rule 12(b)(6) may be appropriate based on a successful affirmative defense, that defense must appear on the face of the complaint.”
  • “Although dismissal under rule 12(b)(6) may be appropriate based on a successful affirmative defense, that defense must appear on the face of the complaint.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Jones, Smith, Stewart

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.