Court Rules Mere Conduit Defense Not Suitable for a Motion to Dismiss

At the motion to dismiss stage, courts usually won't consider affirmative defenses. This issue arose recently in a preferential transfer case, where a defendant sought to dismiss a complaint by arguing it was a mere conduit, not an initial transferee.

6 minute readNovember 01, 2024 at 12:13 AM
By
Daniel A. Lowenthal
Court Rules Mere Conduit Defense Not Suitable for a Motion to Dismiss

At the motion to dismiss stage, courts usually won't consider affirmative defenses. This issue arose recently in a preferential transfer case, where a defendant sought to dismiss a complaint by

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