12 Tennessee opinions name it 2 courts 2000–2016 0 in the last five years
The cases below were cited by Tennessee courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Anthony v. Tidwellgreen2 sentences2016“A complaint is subject to dismissal under rule 12.02(6) for failure to state a claim if an affirmative defense clearly and unequivocally appears on the face of the complaint.” Anthony v. Tidwell, 560 S.W.2d 908, 909 (Tenn. 1977). 2016“A complaint is subject to dismissal under rule 12.02(6) for failure to state a claim if an affirmative defense clearly and unequivocally appears on the face of the complaint.” Wilson v. Harris, 304 S.W.3d 824, 826 (Tenn. Ct. App. 2009) (citing Anthony v. Tidwell, 560 S.W.2d 908, 909 (Tenn. 1977)). | 11 | 11 |
Wilson v. Harrisgreen2 sentences2016“A complaint is subject to dismissal under rule 12.02(6) for failure to state a claim if an affirmative defense clearly and unequivocally appears on the face of the complaint.” Wilson v. Harris, 304 S.W.3d 824, 826 (Tenn. Ct. App. 2009) (citing Anthony v. Tidwell, 560 S.W.2d 908, 909 (Tenn. 1977)). 2015“A complaint is subject to dismissal under rule 12.02(6) for failure to state a claim if an affirmative defense clearly and unequivocally appears on the face of the complaint.” Wilson v. Harris, 304 S.W.3d 824, 826 (Tenn. Ct. App. 2009) (citing Anthony v. Tidwell, 560 S.W.2d 908, 909 (Tenn. 1977)). | 2 | 2 |
Danny A. Stewart v. Derrick D. Schofield, Commissioner, Tennessee Department of Correctiongreen2 sentences2016“In considering a motion to dismiss, courts must construe the complaint liberally, presuming all factual allegations to be true and giving the plaintiff the benefit of all reasonable inferences.” Stewart v. Schofield, 368 S.W.3d 457, 462 (Tenn. 2012). 2015“In considering a motion to dismiss, courts must construe the complaint liberally, presuming all factual allegations to be true and giving the plaintiff the benefit of all reasonable inferences.” Stewart v. Schofield, 368 S.W.3d 457, 462 (Tenn. 2012). | 2 | 2 |
Givens v. Mullikin Ex Rel. McElwaneygreen2 sentences2013Estate of McElwaney, 75 S.W.3d 383, 404 (Tenn. 2002) (“A ‘complaint is subject to dismissal under [R]ule 12.02(6) for failure to state a claim if an affirmative defense clearly and affirmatively appears on the face of the complaint.’”) (quoting Anthony v. Tidwell, 560 S.W.2d 908, 909 (Tenn. 1977)). 2010Estate of McElwaney, 75 S.W.3d 383, 404 (Tenn. 2002) (quoting Anthony v. Tidwell, 560 S.W.2d 908, 909 (Tenn. 1977)). | 2 | 2 |
Trau-Med of America, Inc. v. Allstate Insurance Co.green1 sentence2010Co., 71 S.W.3d 691, 696 (Tenn. 2002). “[A] ‘complaint is subject to dismissal under rule 12.02(6) for failure to state a claim if an affirmative defense clearly and unequivocally appears on the face of the complaint.’” Givens v. Mullikin ex rel. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Tennessee. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Dukes v. Noe
green
2 sentences2009In Anthony v. Tidwell, 5670 S.W.2d 908 , 909 (Tenn. 1977), we held that a “complaint is subject to dismissal under rule 12.02(6) for failure to state a claim if an affirmative defense clearly and unequivocally 9 appears on the face of the complaint.” We also noted that “[i]t is not necessary for the defendant to submit evidence in support of his motion when the facts on which he relies to defeat plaintiff’s claim are admitted by the plaintiff in his complaint.” Therefore, when the affirmative defense involves only an issue of law, such as whether the statute of limitations has run, see Tidwell 2002In Anthony v. Tidwell, 560 S.W.2d 908, 909 (Tenn.1977), we held that a “complaint is subject to dismissal under rule 12.02(6) for failure to state a claim if an affirmative defense clearly and unequivocally appears on the face of the complaint.” We also noted that “[i]t is not necessary for the defendant to submit evidence in support of his motion when the facts on which he relies to defeat plaintiff’s claim are admitted by the plaintiff in his complaint.” Therefore, when the affirmative defense involves only an issue of law, such as whether the statute of limitations has run, see Tidwell, 560 | 3 | 2001–2009 |