Monday, January 9, 2012

Twombly/Iqbal Applies to Affirmative Defenses!


What's good for the goose and fool the gander once and all that, says Magistrate Judge O'Sullivan:
An affirmative defense may be stricken if it fails to satisfy the pleading requirements of Rule 8 and Twombly. See Twombly at 1362. The defendant has failed to satisfy the pleading requirements of Rule 8 and Twombly in this matter because the defenses merely states conclusions. Accordingly, the plaintiffs’ motion is granted....
BTW, the Notice Pleading Restoration Act appears dead in the water.

2 comments:

  1. give up on Iqbal SFL.

    ReplyDelete
  2. Judge Seitz made a similar ruling, long before Magistrate Judge O'Sullivan.

    ReplyDelete