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· 6/20/2016

N.Y.C. & Vicinity Dist. Council of the United Bhd. of Carpenters v. Ass'n

How courts have described this case

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

  • affirming dismissal because plaintiffs “failed to adequately plead that presuit demand on the Board would have been futile”
  • affirming dismissal because plaintiffs “failed to adequately plead that presuit demand on the Board would have been futile”
  • finding the standard of review immaterial to the decision
  • “Moreover, we agree with the Third Circuit that in determining whether an issue should be treated as an affirmative defense for purposes of pleading, the critical question (absent a contrary command by statute or rule, such as the list of affirmative defenses in Rule 8(c)
  • relying on Wood and Guttman

Source: CourtListener parenthetical corpus (CC0).

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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.