Try our Advanced Search for more refined results

Expert Analysis

Twombly And Iqbal's Impact On Affirmative Defenses

Law360, New York ( May 20, 2011, 4:05 PM EDT) -- Drafting affirmative defenses is routine. Defendants generally include a somewhat over-inclusive list of defenses at the end of an answer since defenses not raised in the answer may be considered waived under Fed. R. Civ. P. 12(b). This practice, however, has come into question recently in a slew of cases debating whether the U.S. Supreme Court's decisions in Atlantic Corp. v. Twombly and Ashcroft v. Iqbal — which found a heightened pleading standard for allegations in a complaint — also apply to affirmative defenses....

Law360 is on it, so you are, too.

A Law360 subscription puts you at the center of fast-moving legal issues, trends and developments so you can act with speed and confidence. Over 200 articles are published daily across more than 60 topics, industries, practice areas and jurisdictions.


A Law360 subscription includes features such as

  • Daily newsletters
  • Expert analysis
  • Mobile app
  • Advanced search
  • Judge information
  • Real-time alerts
  • 450K+ searchable archived articles

And more!

Experience Law360 today with a free 7-day trial.

Start Free Trial

Already a subscriber? Click here to login

Related Sections

Law Firms

Companies

Government Agencies

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!