Torres v. Gardner

How courts have described this case

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

• holding that a reservation is not 27 an affirmative defense and is duplicative of Federal Rule of Civil Procedure 15
• applying to affirmative defenses the 25 pleading standard articulated in Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007), and 26 Ashcroft v. Iqbal, 556 U.S. 662 (2009)
• “[T]he pleading standards of Iqbal and Twombly apply to affirmative 21 defenses . . .”
• “[T]he only allegation material to a Rule 12(h)(1) defense is that the defense exists, 15 so simply invoking the defense as set forth in Rule 12(b
• applying the plausibility standard to affirmative defenses

Source: CourtListener parenthetical corpus (CC0).