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2 canonical passages across 2 cases, quoted by 7 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 Securities and Exchange Commission v. Nacchio.
| # | Case | Flag | Canonical passage | Citers |
|---|---|---|---|---|
| 1 | Securities and Exchange Commission v. Nacchio Anchor | green | “a motion to strike an affirmative defense as insufficient is adjudicated under the same standard as a motion to dismiss: namely, the court must strike the defense only if it cannot be maintained under any set of circumstances.” | 4 |
| 2 | Unger v. US West, Inc. | green | “an affirmative defense is insufficient if, as a matter of law, the defense cannot succeed under any circumstances.” | 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.