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· 4/14/2011

Falley v. Friends University

Citations

  • 787 F. Supp. 2d 1255
  • 2011 U.S. Dist. LEXIS 40921
  • 2011 WL 1429956

How courts have described this case

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

  • noting that applying Twombly and Iqbal to affirmative defenses would “encourage parties to bog down litigation by filing and fighting motions to strike answers or defenses prematurely”
  • acknowledging split in circuits and deciding that pleading standards of Iqbal and Twombly should be limited to complaints and not extended to affirmative defenses
  • “[A] responding party must state defenses in short and plain terms. Fed. R. Civ. P. 8(b)(1)(A). And, arguably, a responding party asserting affirmative defenses is required to do no more than ‘affirmatively state’ such affirmative defense. Fed. R. Civ. P. 8(c)(1).”

Source: CourtListener parenthetical corpus (CC0).

Judges: Carlos Murguia

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.