Lafferty Mfg. Co. v. Acme Ry. Signal & Mfg. Co.

How courts have described this case

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

• recognizing that “striking a defense from a pleading is a drastic remedy generally disfavored by courts.”
• construing as denials defenses that do not attempt to avoid liability while admitting the facts of the complaint, but rather deny the complaint’s allegations outright or identify a defect or lack of evidence in the plaintiff’s case
• “When a defendant mislabels a specific denial as a defense, the proper remedy is to treat the claim as a denial, not to strike it.”
• “When a defendant mislabels a specific denial as a defense, the proper remedy is to treat the claim as a denial, not to strike it.”
• “a defense that simply points out a defect or lack of evidence in a plaintiff’s case is not an affirmative defense.”
• “[T]his Court joins the growing number of courts in this circuit and others in finding that a lower pleading standard applies to affirmative defenses. Such an approach is faithful both to the letter and the spirit of Rules 8(b) and (c

Source: CourtListener parenthetical corpus (CC0).