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Home / News Stories / Judge: ‘Twiqbal’ doesn’t apply to affirmative defenses (access required)

Judge: ‘Twiqbal’ doesn’t apply to affirmative defenses (access required)

Breaking with other Virginia federal judges, Roanoke U.S. District Judge Samuel G. Wilson has ruled the stricter “plausibility” standard used to judge civil complaints does not apply to affirmative defenses. The heightened civil pleading standard derives from two U.S. Supreme Court cases, Twombly and Iqbal. Plaintiffs who want to survive a motion to dismiss must allege ...

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