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Jonathan Handler and David Lieberman wrote an article, “The Application of ‘Plausibility' to Affirmative Defenses: Has the Wave Crested?,” for Bloomberg BNA’s U.S. Law Week. The article examines if the standard in Twombly and Iqbal can be used by plaintiffs to attack affirmative defenses. They note that the legal and policy issues undergirding Twombly and Iqbal stand on different ground when it comes to affirmative defenses, but still suggest providing some factual basis for affirmative defenses in answers to complaints
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This website may use cookies, pixel tags and other passive tracking technologies, including Google Analytics, to improve functionality and performance. For more information, see our Privacy Policy. By using our website, you are consenting to our use of these tracking technologies. You can alter the configuration of your browser to refuse to accept cookies, but if you do so, it is possible that some areas of web sites that use cookies will not function properly when you view them. To learn more about how to delete and manage cookies, refer to the support instructions for each browser (e.g., see AllAboutCookies.org). You may locate Google Analytics' currently available opt-outs for the web here.