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· 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 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.