Evolving With Affirmative Defense Pleading Standard

Law360, New York (March 4, 2010, 5:46 PM EST) -- By now the U.S. Supreme Court’s decisions in Bell Atl. Corp. v. Twombly, 550 U.S. 544 (2007) and Ashcroft v. Iqbal, 556 U.S. ____, 129 S. Ct. 1937 (2009), are relatively old news. Defendants nationwide are wielding the “Twiqbal” standard as an effective weapon against insufficient pleadings.

Indeed, the new pleading standard defined by Twiqbal has been a true game changer for the plaintiff’s bar. Plaintiffs are now trying to turn the turn the tables and have Twiqbal applied to the defense’s pleading of affirmative defenses....
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