Fogle v. United Steelworkers

How courts have described this case

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

• following the majority of courts in this circuit that mandate the same pleading requirements for affirmative defenses as for complaints
• considering factors of “fairness, common sense and litigation efficiency” in deciding proper standard
• “Given the disfavored status of Rule 12(f) motions to strike defenses . . . a defendant normally is allowed leave to amend the answer.”
• “The majority of the district courts— including every district court within the Fourth Circuit to have considered the issue — have concluded that the plausibility standard articulated in Twombly and Iqbal applies to the pleading of affirmative defenses”
• “Boilerplate defenses . . create unnecessary work and extend discovery.”

Source: CourtListener parenthetical corpus (CC0).