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Civil Procedure - 9/16 - Service, defenses and objections

Terms in this set (25)

1 - When reviewing a motion to strike, the court must view the pleading under attack in a light most favorable to the pleader.
2 - To survive a motion to strike, at a minimum, the facts asserted in an affirmative defense, and the reasonable inferences that may be drawn from those facts, must plausibly suggest a cognizable defense.
3 - The considerations of fairness, common sense and litigation efficiency underlying Twombly and Iqbal " mandate that the same pleading requirements apply equally to complaints and affirmative defenses.
4 - The court also notes that applying the same pleading requirements to defendants should not stymie the presentation of a vigorous defense, because under Rule 15(a) of the Federal Rules of Civil Procedure, a defendant may seek leave to amend its answers to assert defenses based on facts that become known during discovery.
5 - Accordingly the ct will turn to the affirmative defenses asserted by the defendant to determine if they have been pleaded in manner that is intelligible, gives fair notice, and is plausible suggested by the facts.
6 - When reviewing a motion to strike, the court must view the pleading under attack in a light most favorable to the pleader.
7 - Given the disfavored status of motions to strike defenses, a defendant normally is allowed leave to amend the answer.
8 - To survive a motion to strike, at a minimum, the facts asserted in an affirmative defense, and the reasonable inferences that may be drawn from those facts, must plausibly suggest a cognizable defense.