Pleading Standards, Affirmative Defenses and Motions to Dismiss in Federal Court

Description

Since Iqbal/Twombly ushered in heightened pleading standards, a good deal has been written about how various courts have addressed motions to dismiss based upon insufficient pleading. Consequently, case law continues to be the best source of guidance on the sufficiency of a complaint and the issues courts typically consider in evaluating 12(b)(6) motions to dismiss.

Courts with little consistency among them, continue to wrestle with the question of whether the heightened standards apply to the pleading of affirmative defenses. To survive Rule 12(f) motions to strike, it is helpful for counsel to have an understanding of the rationale behind the decisions in the various jurisdictions which have addressed this important issue.

Another vexing issue involves cases filed in notice pleading state courts, but subsequently removed to federal court based upon diversity. Does the complaint then have to comply with the Iqbal/Twombly standards?

Listen as our authoritative panel of litigators guides you through the evolution of pleading standards since Iqbal/Twombly, how to survive a motion to dismiss, the applicability of Iqbal/Twombly to affirmative defenses, and pleading standards for cases removed to federal court for diversity.