injury by fellow servant; • laches; • license; • payment; • release; • res judicata; • statute of frauds; • statute of limitations; and • waiver. • 4) answer (also replies to CCs and answers to Crossclaims and 3rd party answers to 3rd party complaints) Answers must admit, deny or deny knowledge or information sufficient to form a belief about the truth of an allegation (which counts as a denial) Factual allegations in a complaint not responded to in an answer are admitted What is the pleading standard for answers: FRCP 8(b) Defenses; Admissions and Denials. (1) In General. In responding to a pleading, a party must: (A) state in short and plain terms its defenses to each claim asserted against it; and (B) admit or deny the allegations asserted against it by an opposing party. (2) Denials Responding to the Substance. A denial must fairly respond to the substance of the — allegation. (3) General and Specific Denials. A party that intends in good faith to deny all the allegations of a pleading including the jurisdictional grounds may do so by a general denial. A party that does not — — intend to deny all the allegations must either specifically deny designated allegations or generally deny all except those specifically admitted. (4) Denying Part of an Allegation. A party that intends in good faith to deny only part of an allegation must admit the part that is true and deny the rest. (5) Lacking Knowledge or Information. A party that lacks knowledge or information sufficient to form a belief about the truth of an allegation must so state, and the statement has the effect of a denial. (6) Effect of Failing to Deny. An allegation other than one relating to the amount of damages is — — admitted if a responsive pleading is required and the allegation is not denied. If a responsive pleading is not required, an allegation is considered denied or avoided. short plain statement of defenses - does Twiqbal apply? Not clear there is current a disagreement among federal courts –
• injury by fellow servant; • laches; • license; • payment; • release; • res judicata; • statute of frauds; • statute of limitations; and • waiver. 4) answer (also replies to CCs and answers to Crossclaims and 3rd party answers to 3rd party complaints) Answers must admit, deny or deny knowledge or information sufficient to form a belief about the truth of an allegation (which counts as a denial) Factual allegations in a complaint not responded to in an answer are admitted What is the pleading standard for answers: FRCP 8(b) Defenses; Admissions and Denials. (1) In General. In responding to a pleading, a party must: (A) state in short and plain terms its defenses to each claim asserted against it; and (B) admit or deny the allegations asserted against it by an opposing party. (2) Denials — Responding to the Substance. A denial must fairly respond to the substance of the allegation. (3) General and Specific Denials. A party that intends in good faith to deny all the allegations of a pleading — including the jurisdictional grounds — may do so by a general denial. A party that does not intend to deny all the allegations must either specifically deny designated allegations or generally deny all except those specifically admitted. (4) Denying Part of an Allegation. A party that intends in good faith to deny only part of an allegation must admit the part that is true and deny the rest. (5) Lacking Knowledge or Information. A party that lacks knowledge or information sufficient to form a belief about the truth of an allegation must so state, and the statement has the effect of a denial. (6) Effect of Failing to Deny. An allegation — other than one relating to the amount of damages — is admitted if a responsive pleading is required and the allegation is not denied. If a responsive pleading is not required, an allegation is considered denied or avoided. short plain statement of defenses - does Twiqbal apply? Not clear – there is current a disagreement among federal courts
2014CivProNotes22.docx