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3 canonical passages across 2 cases, quoted by 40 opinions in total. These passages cluster together because the same opinions keep quoting them side by side: they state parts of one doctrine. The anchor passage is from Cftc v. Monex Credit Co..
| # | Case | Flag | Canonical passage | Citers |
|---|---|---|---|---|
| 1 | Cftc v. Monex Credit Co. Anchor | green | “we can consider an affirmative defense on a motion to dismiss when there is some obvious bar to securing relief on the face of the complaint.” | 15 |
| 2 | Cftc v. Monex Credit Co. | green | “in other words, dismissal based on an affirmative defense is permitted when the complaint establishes the defense.” | 13 |
| 3 | Donald Lusnak v. Bank of America | green | “ordinarily, affirmative defenses . . . may not be raised on a motion to dismiss except when the defense raises no disputed issues of fact.” | 12 |
A red or yellow flag on a member means the underlying case has negative treatment: for those, check the case page before relying on the passage.