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Home / News Stories / Judge: No ‘Twiqbal’ standard for affirmative defenses (access required)

Judge: No ‘Twiqbal’ standard for affirmative defenses (access required)

A Roanoke federal judge said he is joining the “growing number of courts” rejecting a heightened pleading standard for affirmative defenses in civil litigation. Plaintiffs chafing at the higher pleading hurdle imposed by Supreme Court opinions a decade ago argued that what was good for the goose should be good for the gander. If plaintiffs’ initial ...