Tag Archives: Twiqbal

District judge rejects ‘Twiqbal’ for affirmative defenses

An Alexandria U.S. District Court judge says the heightened pleading standard under Twombly and Iqbal does not apply to affirmative defenses. Last year, magistrate judges in both the Eastern and Western Districts of Virginia said the standard – which requires ...

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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 ...

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Inmate lawsuit survives Twiqbal motions

U.S. District Judge Glen Conrad has denied motions to dismiss excessive force and conspiracy claims filed by a former jail inmate who claims he was injured by guards at the Roanoke jail. Relying on the touchstone cases of Twombly and ...

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