Legal Opinion

Merchants Commercial Bank v. Tillet

Superior Court of The Virgin Islands

Decided April 20, 2011No. Civil No. ST-10-CV-364PublishedCited by 1 opinion

1Opinion of the CourtCarroll, Judge

MEMORANDUM OPINION

(April 20, 2011)

Plaintiff Merchants Commercial Bank has filed a Motion to Strike Certain Affirmative Defenses (“Motion to Strike”).1 Because Merchants Commercial Bank has not satisfied its burden of proving that the defenses are immaterial or insufficient and that it will be prejudiced if the defenses remain, the Court will deny the Motion to Strike. Based on caselaw and Rule 8 of the Federal Rules of Civil Procedure, this Court finds that Defendants’ defenses are sufficient and the Court declines to extend Bell Atlantic Corp. v. Twombly2 and Ashcroft v. Iqbal3 to…

2Cases cited8 opinions

Ashcroft v. IqbalSupreme Court of the United States · 2009
Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
Cleveland v. Policy Management Systems Corp.Supreme Court of the United States · 1999
Canadian St. Regis Band of Mohawk Indians Ex Rel. Francis v. New YorkDistrict Court, N.D. New York · 2003
Equal Employment Opportunity Commission v. Bay Ridge Toyota, Inc.District Court, E.D. New York · 2004

3 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

Marsh-Monsanto v. St. Thomas-St. John Board of ElectionsSuperior Court of The Virgin Islands · 2014