Topic: striking an affirmative defense is warranted if it cannot, … · Go Syfert
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Topic #15884

4 canonical passages across 3 cases, quoted by 25 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 United States v. Oscar Renda.

#Case FlagCanonical passage Citers
1 United States v. Oscar Renda Anchor
ca5 · 2013
green “striking an affirmative defense is warranted if it cannot, as a matter of law, succeed under any circumstance.” 11
2 Virginia Woodfield, Nationwide Mutual Insurance Co., Plaintiff-Third Party v. Charlie Bowman, Planet Insurance Co., Defendant-Third Party
ca3 · 1999
green “sufficiently articulated the defense so that the plaintiff was not a victim of unfair surprise.” 6
3 United States v. Oscar Renda
ca5 · 2013
green “cannot, as a matter of law, succeed under any circumstance.” 5
4 LSREF2 Baron, L.L.C. v. Tauch
ca5 · 2014
green “with enough specificity or factual particularity to give the plaintiff fair notice of the defense that is being advanced.” 3

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.

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