· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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