Securities & Exchange Commission v. Toomey

How courts have described this case

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

• denying motion to strike failure to state a claim defense because there was no prejudicial harm to plaintiff
• “it is well settled that the failure-to-state-a-claim defense is a perfectly appropriate affirmative defense to include in the answer”
• “A plaintiff suffers no prejudice when the failure-to-state-a-claim defense is used in the pleadings.”

Source: CourtListener parenthetical corpus (CC0).