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Home / Opinion Digests / ‘Release’ defense can’t be resolved via motion to dismiss (access required)

‘Release’ defense can’t be resolved via motion to dismiss (access required)

Where the facts necessary to resolve the defendant’s affirmative defense based on release were not clearly pleaded in the complaint, its motion to dismiss was denied as premature. Background Before the court is a motion to dismiss filed by UPS Supply Chain Solutions Inc. Plaintiff TRU Creditor Litigation Trust filed the complaint initiating this adversary proceeding against ...