§Why CasetextPricing

United States Commodity Futures Trading Commission v. Worth Group, Inc. et al

MOTION to Strike 82 Answer to Complaint, 83 Answer to Complaint, 84 Answer to Complaint as to First, Second and Additional Affirmative Defenses

19 Cited authorities

  1. Byrne v. Nezhat

    261 F.3d 1075 (11th Cir. 2001)   Cited 953 times   2 Legal Analyses
    Holding a district judge did not abuse his discretion in declining to recuse himself from a case when he screened his law clerk who had previously worked for one of the law firms representing a party in a case

  2. Anderson v. District Board of Trustees of Central Florida Community College

    77 F.3d 364 (11th Cir. 1996)   Cited 954 times
    Holding that plaintiffs are required to "present each claim for relief in a separate count" rather than asserting numerous claims within a single count

  3. Wright v. Southland Corp.

    187 F.3d 1287 (11th Cir. 1999)   Cited 393 times
    Holding that the McDonnell Douglas analytic framework applies to retaliation claims

  4. Microsoft Corp. v. Jesse's Computers & Repair, Inc.

    211 F.R.D. 681 (M.D. Fla. 2002)   Cited 267 times
    Striking defense of copyright misuse where defendant failed to set forth any facts whatsoever in support of that defense

  5. Morrison v. Executive Aircraft Refinishing, Inc.

    434 F. Supp. 2d 1314 (S.D. Fla. 2005)   Cited 223 times
    Holding that accord and satisfaction is only cognizable affirmative defense in FLSA actions brought by federal employees who are represented by a labor union pursuant to the Civil Service Reform Act, 5 U.S.C. § 7121(c)

  6. Adams v. Jumpstart Wireless Corp.

    294 F.R.D. 668 (S.D. Fla. 2013)   Cited 73 times
    Denying the request to strike an affirmative defense "that the time for which Plaintiff seeks compensation is de minimis"

  7. Boldstar Technical, LLC v. Home Depot, Inc.

    517 F. Supp. 2d 1283 (S.D. Fla. 2007)   Cited 79 times
    Finding failure to state a claim is not an affirmative defense

  8. Pujals v. Garcia

    777 F. Supp. 2d 1322 (S.D. Fla. 2011)   Cited 42 times
    Construing ultra vires as an affirmative defense

  9. Pandora Jewelers 1995, Inc. v. Pandora Jewelry, LLC

    Case No. 09-61490-Civ-COOKE/BANDSTRA (S.D. Fla. Dec. 21, 2010)   Cited 40 times
    Striking "failure to state a claim" affirmative defense and noting "[w]hile treating the 'failure to state a claim' affirmative defense as a denial, and allowing it to remain as an affirmative defense may be permissible, I believe the better practice is to properly label denials and affirmative defenses, and to keep these two defenses separate"

  10. Royal Palm Sav. Ass'n v. Pine Trace

    716 F. Supp. 1416 (M.D. Fla. 1989)   Cited 68 times
    Holding that " party may be liable for fraud where the promise or representation was made without intent to perform and another party is induced into a transaction."

  11. 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 362,607 times   962 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  12. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 164,455 times   197 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."