Jeffrey Campolongo, of Law Office of Jeffrey Campolongo. Court Rejects Prophylactic Use of Affirmative Defenses, Sanctions Defendant
The ruling serves as a reminder to legal practitioners that pleadings should not be used as a testing ground for defenses but rather as a platform for assertions grounded in existing evidence and legal principles.
May 21, 2024 at 09:21 AM
6 minute read
"Lawyers—especially defense lawyers—are naturally risk averse. Were it otherwise, they would all have taken their considerable talents to riskier ventures in life." Those are the opening words of a recent memorandum opinion issue by U.S. District Judge Joshua D. Wolson of the Eastern District of Pennsylvania. What follows over the next several pages of the opinion is a veritable smackdown of defense attorneys who over-plead affirmative defenses.
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