Topic: affirmative defenses are pleadings and, therefore, are subj… · Go Syfert
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Topic #8206

4 canonical passages across 3 cases, quoted by 44 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 Heller Financial, Inc. v. Midwhey Powder Co., Inc..

#Case FlagCanonical passage Citers
1 Heller Financial, Inc. v. Midwhey Powder Co., Inc. Anchor
ca7 · 1989
green “affirmative defenses are pleadings and, therefore, are subject to all pleading requirements of the federal rules of civil procedure.” 17
2 Heller Financial, Inc. v. Midwhey Powder Co., Inc.
ca7 · 1989
green “potentially serve only to delay.” 17
3 United States v. 416.81 Acres of Land, Etc., and Mercantile National Bank of Indiana, as Trustee
ca7 · 1975
green “present substantial questions of law or fact” 5
4 Billie Williams v. Jader Fuel Company, Inc.
ca7 · 1991
green “will not be granted unless it appears to a certainty that plaintiffs would succeed despite any state of facts which could be proved in support of the defense.” 5

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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