Jordy v. Hebrard

How courts have described this case

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

• dismissing plaintiffs’ rescission claim because “plaintiffs don’t respond substantively to defendants’ argument . . . thus [the court] assumes that plaintiffs have abandoned their [claim].”
• “[I]f presented with the question, [the Tenth Circuit] would conclude that ERISA’s exhaustion requirement is not jurisdictional, but instead is an affirmative defense, and that a plaintiff need not plead exhaustion to survive a Rule 12(b)(6) motion to dismiss.”

Source: CourtListener parenthetical corpus (CC0).