Class Action

"Courts split on affirmative defenses"

By Kimberly A. Kralowec

On September 24, 2010, the Wisconsin Law Journal had a short article discussing recent decisions on whether the "heightened pleading standard" of Twombly and Iqbal applies to a defendant's affirmative defenses as well as to the plaintiff's complaint. 

At least two California federal judges have held that it does. Barnes v. AT & T Pension Ben. Plan-Nonbargained Program, ___ F.Supp.2d ___, 2010 WL 2507769 (N.D. Cal. Jun. 22, 2010) (Patel, J.); CTF Dev., Inc. v. Penta Hospitality, LLC, 2009 WL 3517617 (N.D. Cal. Oct. 26, 2009) (Alsup, J.). 

[Via The Legal Reader.]

Full post as published by The UCL Practitioner on October 07, 2010 (boomark / email).