Pressley v. Tupperware Long Term Disability Plan

How courts have described this case

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

• reaching a decision at odds with unpublished precedent, noting that “[w]e . . . are not bound by” unpublished precedent, and “‘we ordinarily do not accord precedential value to our unpublished decisions.’”
• applying the “basic principle of statutory construction that when two statutes are in conflict, a specific statute closely applicable to the substance of the controversy at hand controls over a more generalized provision.”
• “‘[W]here facts sufficient to rule on an affirmative defense’—including ‘the defense that the plaintiff’s claim is time-barred’—‘are alleged in the complaint, the defense may be reached by a motion to dismiss filed under Rule 12(b)(6).” (quoting Goodman, 494 F.3d at 464)

Source: CourtListener parenthetical corpus (CC0).