Reis Robotics USA, Inc. v. Concept Industries, Inc.

How courts have described this case

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

• striking affirmative defense of failure to state a claim that did not incorporate by reference any allegations of the counterclaims or indicate which of the counterclaim allegations supported the defense
• noting that “the Seventh Circuit’s rejection of the fraud claim in Rissman was based, not on the mere presence of the nonreliance clause, but on the presence of the nonreliance clause in conjunction with a provision that clearly contradicted the plaintiff’s prior statement”
• striking affirmative defense despite “lengthy counterclaim allegations” because the allegations were not mentioned or incorporated by reference in the affirmative defenses, nor was it clear what portion of the counterclaims were intended to support the affirmative defense
• an affirmative defense “requires a responding party to admit a complaint’s allegations but then permits the responding party to assert that for some legal reason it is nonetheless excused from liability[.]”
• “The concept of an affirmative defense under Rule 8(c) requires a responding party to admit a complaint's allegations but then permits the responding party to assert that for some legal reason it is nonetheless excused from liability.”
• striking an identical affirmative defense for the same reason

Source: CourtListener parenthetical corpus (CC0).