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Affirmative Defenses Twombly/Iqbal Pleading Standard

Kelley Drye & Warren LLP

Second Circuit Requires Defendants to Satisfy Twombly’s Plausibility Standard to Sustain Affirmative Defenses

On March 12, 2019, the Second Circuit Court of Appeals issued an Opinion in GEOMC Co. v. Calmare Therapeutics Inc., 918 F.3d 92, which clarifies the previously amorphous standard for pleading affirmative defenses. The...more

Schwabe, Williamson & Wyatt PC

Recent Developments In Patent Law May 17, 2017

Update to TC Heartland LLC v. Kraft Foods Group Brands LLC, Case No. 16-341 (May 22, 2017) - In an 8-0 opinion written by Justice Thomas (Justice Gorsuch did not participate), the Supreme Court rules that a defendant...more

Robins Kaplan LLP

“Plausibility” and the Non-Conspiracy Elements of Antitrust Claims

Robins Kaplan LLP on

In Bell Atlantic Co. v. Twombly, the Supreme Court injected a “plausibility” standard into Rule 12(b)(6) for claims asserting an alleged antitrust conspiracy. Since then, lower courts, scholars, and practitioners have written...more

Smith Anderson

Federal Court Report - Sometimes it’s Just Better to Leave “Well-Enough” Alone

Smith Anderson on

In Sisk v. Abbott Laboratories, — F.R.D. –, No. 1:11-cv-159 (W.D.N.C. Feb. 10, 2014) (J., Reidinger), after prevailing in part on its motion for summary judgment, the defendant asked the court for the Western District to...more

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