· 1/14/1963
Four Star Comics Corp. v. Kable News Co.
Citations
- 224 F. Supp. 108
- 1963 U.S. Dist. LEXIS 7850
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- finding that defendants must provide fair notice of affirmative defenses and the grounds on which they rest
- holding an exchange of views by letter, with no telephone follow-up, “fell short” of the conference requirements
- striking a defendant’s affirmative defenses when they are “too conclusory to give [a plaintiff] fair notice of the grounds upon which [the defense rests]”
- noting extensive list of cases in which district courts applied Twombly and Iqbal to affirmative defenses
- “motions to strike will not be granted unless the insufficiency of the defense is clearly apparent and no factual issues exist that should be determined in a hearing on the merits.”
- “[T]he Court agrees with the reasoning of the courts applying the heightened pleading standard to affirmative defenses. It makes no sense to find that a heightened pleading standard applies to claims but not to affirmative defenses.”
Source: CourtListener parenthetical corpus (CC0).
Judges: McGohey
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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