AFFIRMATIVE DEFENSES NOT GOVERNED BY TWOMBLY-IQBAL STANDARDS, JUDGE SAYS

The NJ Law Journal reports:

Since the U.S. Supreme Court heightened pleading standards for complaints in the Twombly and Iqbal cases four years ago, no appeals court has ruled on whether that standard should apply to affirmative defenses. A federal judge in New Jersey has now joined judges in two other districts in the Third Circuit who have answered “no” to the question. U.S. District Judge Jerome Simandle said he was persuaded “the Federal Rules of Civil Procedure distinguish the level of pleading required between a plaintiff asserting a claim for relief under Rule 8(a) and a defendant asserting an affirmative defense under Rule 8(c).” The rules reflect less concern for putting plaintiffs on notice of the defenses being raised than on placing defendants on notice of the claims being asserted against them, he wrote on March 10 in Federal Trade Commission v. Hope Now Modifications, 09-cv-1204.