Doug Hoskin, Appellant, vs. Josh Krsnak, Respondents

Summary

The court held that a complaint need not anticipate or negate an affirmative defense to survive a motion to dismiss. Dismissal on an affirmative defense is proper only when the complaint, construed in the plaintiff’s favor, establishes an unrebuttable defense, and Hoskin’s allegations did not establish that the releases were valid despite alleging duress. The court therefore reversed the dismissal and the attorney-fee award and remanded for consideration of alternative grounds for dismissing five claims.