Opinion · Supreme Court of the United States
Salcer v. Envicon Equities Corp.
Salcer v. Envicon Equities Corp., 478 U.S. 1015 (1986)
- Type
- Opinion
- Court
- Supreme Court of the United States
- Jurisdiction
- Federal
- Date
- 1986-07-07
- Topic
- general
How later courts describe this case
- holding that district court erred in striking affirmative defenses where further facts were needed to resolve the issue in the case
- district court erred in striking affirmative defenses where further facts were needed to resolve the issue in the case
- “A motion to strike an affirmative defense under Rule 12(f), Fed.R.Civ.P. for legal insufficiency is not favored.”
- “[A] motion to strike for insufficiency was never intended to furnish an opportunity for the determination of disputed and substantial questions of law”
- "A motion to strike an affirmative defense under Rule 12(f
- "A motion to strike an affirmative defense under Rule 12(f) ... for legal insufficiency is not favored and will not be granted 'unless it appears to a certainty that plaintiffs would succeed despite any state of the facts which could be proved in support of the defense.'"
Citator
UpLaw has not yet analyzed Salcer v. Envicon Equities Corp.. The absence of a flag is not a finding that it is good law.
- Authority status
- pending
- Cited by
- 43 opinions
C. A. 2d Cir. Certiorari granted, judgment vacated, and case remanded for further consideration in light of Randall v. Loftsgaarden, ante, p. 647.