· 10/5/1989
General Conference Corporation of Seventh-Day Adventists v. Seventh-Day Adventist Congregational Church John R. Marik
Citations
- 887 F.2d 228
- 12 U.S.P.Q. 2d (BNA) 1491
- 1989 U.S. App. LEXIS 15069
- 1989 WL 114380
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that “if the defendant raises an affirmative defense in his answer it will usually bar judgment on the pleadings”
- “if the defendant raises an affirmative defense in his answer it will usually bar judgment on the pleadings”
- “[A] plaintiff is not entitled to judgment on the 18 pleadings when the answer raises issues of fact that, if proved, would defeat recovery.”
- “[I]f the defendant raises an affirmative defense in his answer it will usually bar judgment on the pleadings [in favor of the plaintiff].”
- affirmative defense to trademark claim that term is “generic” supported by allegations that 17 raise dispute of fact
- “[A] plaintiff is not entitled to judgment on the pleadings when the answer raises issues of fact that, if proved, would defeat recovery. Similarly, if the defendant raises an affirmative defense in his answer it will usually bar judgment on the pleadings.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Hug, Schroeder, Canby
Read full opinion on CourtListenerSourced 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.