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