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Full-Text Articles in Law
An Implausible Standard For Affirmative Defenses, Stephen Mayer
An Implausible Standard For Affirmative Defenses, Stephen Mayer
Michigan Law Review
In the wake of Bell Atlantic Corp. v. Twombly and Ashcroft v. Iqbal, the federal district courts split over whether to apply Twombly’s plausibility standard to the pleading of affirmative defenses. Initially, a majority of district courts extended Twombly to defense pleadings, but recently the courts that have declined to extend the plausibility standard have gained majority status. This Note provides a comprehensive analysis of each side of the plausibility split, identifying several hidden assumptions motivating the district courts’ decisions. Drawing from its analysis of the two opposing positions, this Note responds to the courts that have applied plausibility pleading …
Why Non-Discrimination Policies In Higher Education Require A Second Look: The Battle For First Amendment Freedom In The University Setting, Rebecca D. Ryan
Why Non-Discrimination Policies In Higher Education Require A Second Look: The Battle For First Amendment Freedom In The University Setting, Rebecca D. Ryan
Catholic University Law Review
No abstract provided.
Solving A Pleading Plague: Why Federal Courts Should Strike Insufficient Affirmative Defenses Under The Twombly-Iqbal Plausibility Standard, Nathan A. Leber
Solving A Pleading Plague: Why Federal Courts Should Strike Insufficient Affirmative Defenses Under The Twombly-Iqbal Plausibility Standard, Nathan A. Leber
Cleveland State Law Review
The plausibility standard is the remedy to the rampant pleading of meritless affirmative defenses in federal courts. Set forth in Bell Atlantic Corp v. Twombly, and later clarified in Ashcroft v. Iqbal, the plausibility standard requires pleadings to contain sufficient factual allegations that give rise to a plausible claim for relief. In both Twombly and Iqbal, the Supreme Court used the plausibility approach to dismiss factually-deficient complaints. Applying the plausibility test to insufficient affirmative defenses produces the same result. The central proposition of this Note is that federal courts should analyze affirmative defenses under the Twombly-Iqbal plausibility standard. In order …