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...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.


  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!

TRY LAW360 FREE FOR SEVEN DAYS

Related Sections

Law Firms

Government Agencies

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Beta
Ask a question!