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.

Comments

  1. give up on Iqbal SFL.

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

    ReplyDelete

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