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· 11/20/1979

Federal Case

Citations

  • 607 F.2d 824

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that an affirmative defense is insufficiently pleaded where it fails to provide the plaintiff with “fair notice of the defense.”
  • holding that fair notice 2 standard requires more than a bare recitation of the doctrine at issue
  • finding that a generic statute of limitations defense was “adequately pleaded” based, in part, on information contained in the defendant’s memorandum
  • discussing pleading standards in the context of a motion to amend
  • discussing pleading standards in the context of a motion to amend
  • “The key to determining the sufficiency of pleading an affirmative defense is whether it gives plaintiff fair notice of the defense.”

Source: CourtListener parenthetical corpus (CC0).

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.