Adding to the debate over whether the Bell Atlantic v. Twombly, 550 U.S. 544 (2007) and Ashcroft v. Iqbal, 556 U.S. 662 (2009) heightened pleading standards apply to affirmative defenses, the U.S. District Court for the Western District of New York recently addressed this issue while also opining on how the U.S. Court of Appeals for the Second Circuit decision in Shechter v. Comptroller of the City of New York, No. 157, Docket 95-7226, 79 F.3d 265 (2d Cir. 1996), impacts the standard for pleading affirmative defenses.
‘Petroci’
In Petroci v. Transworld Systems, No. 12-CV-00729(A)(M), 2012 WL 5464597 (W.D.N.Y. Oct. 19, 2012), Magistrate Judge Jeremiah McCarthy issued a report and recommendation rejecting the application of the Supreme Court’s heightened pleading standards in Twombly and Iqbal to affirmative defenses. District Judge Richard Arcara adopted and ordered McCarthy’s recommendation, No. 12-CV-729A, 2012 WL 5464579 (W.D.N.Y. Nov. 8, 2012).
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