§Why CasetextPricing

Crissen v. Gupta et al

RESPONSE in Opposition re MOTION to Strike 48 Answer to Complaint , tenth through fourteenth affirmative defenses

8 Cited authorities

  1. Heller Fin., Inc. v. Midwhey Powder Co., Inc.

    883 F.2d 1286 (7th Cir. 1989)   Cited 1,611 times
    Holding that a "forum-selection clause is not dispositive under § 1404"

  2. Williams v. Jader Fuel Co., Inc.

    944 F.2d 1388 (7th Cir. 1991)   Cited 369 times
    Recognizing this practice but leaving its propriety unaddressed before jumping to the merits

  3. Williams v. Lampe

    399 F.3d 867 (7th Cir. 2005)   Cited 222 times
    Holding that claims brought under 42 U.S.C. § 1983 in "Illinois are . . . governed by a two-year limitations period"

  4. United States v. 416.81 Acres of Land

    514 F.2d 627 (7th Cir. 1975)   Cited 173 times
    Analyzing a Rule 12(f) motion by "accepting as true the factual underpinnings of the [non-movant's] objections" to the motion

  5. Kane v. Smiths Med. ASD, Inc.

    Cause No. 1:12-cv-552-WTL-MJD (S.D. Ind. Sep. 25, 2012)

    Cause No. 1:12-cv-552-WTL-MJD 09-25-2012 GAYLA KANE, Plaintiff, v. SMITHS MEDICAL ASD, INC., Defendant. William T. Lawrence ENTRY ON PLAINTIFF'S MOTION TO STRIKE Before the Court is the Plaintiff's Motion to Strike the Defendant's Affirmative Defenses (Docket No. 17). The motion is fully briefed, and the Court, being duly advised, now DENIES the Plaintiff's motion for the reasons, and to the extent, set forth below. I. LEGAL STANDARD Federal Rule of Civil Procedure 12(f) provides that the Court,

  6. Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

    Fed. R. Civ. P. 12   Cited 361,619 times   960 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  7. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 163,952 times   197 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  8. Rule 19 - Required Joinder of Parties

    Fed. R. Civ. P. 19   Cited 9,796 times   55 Legal Analyses
    Holding a person must be joined if disposing the action in the person's absence may leave an existing party subject to a "substantial" risk of incurring inconsistent obligations