W. Eugene Scott v. Edward L. Kuhlmann, Etc.

How courts have described this case

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

• holding that preclusion is the proper 7 subject of a motion to dismiss for failure to state a claim upon which relief can be granted
• concluding that although normally affirmative defenses may not be raised in a Rule 12(b)(6) motion, the res judicata defense could be raised in that case because “the defense raises no disputed issues of fact”
• affirmative defenses may not be asserted by motion to dismiss if they raise disputed issues of fact
• affirmative defenses may not be asserted by motion to dismiss if they raise disputed issues of fact
• affirmative defenses may not be asserted by motion to dismiss if they raise disputed issues of fact
• “Ordinarily affirmative defenses may not be raised 26 by a motion to dismiss, . . . but this is not true when, as here, the defense raises no disputed issues of fact.”

Source: CourtListener parenthetical corpus (CC0).