Key Takeaways From New 2nd Circ. Pleading Standards

Law360 (May 7, 2019, 2:41 PM EDT) -- In GEOMC Co. v. Calmare Therapeutics Inc., the U.S. Court of Appeals for the Second Circuit resolved two vexing pleading-related issues that have divided the district courts within the circuit for several years. Its decision also offers the first appellate-level holding on the appropriate pleading standards for (1) affirmative defenses and (2) adding new counterclaims when answering an amended complaint.

GEOMC has two important takeaways for litigators.

First, the “plausibility standard” famously articulated by the U.S. Supreme Court in Twombly and Iqbal for complaints now generally applies to affirmative defenses as well.[1] Although there is some play-in-the-joints depending on the nature of the affirmative defense...

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