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The Application of ‘Plausibility' to Affirmative Defenses: Has the Wave Crested?

Publisher: U.S. Law Week
October 28, 2015
Day Pitney Author(s) Jonathan I. Handler

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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