Tag Archives: federal court

Federal Court: Does Twombly/Iqbal apply to affirmative defenses?

A court may strike affirmative defenses under Federal Rule of Civil Procedure 12(f) if they present an “insufficient defense, or any redundant, immaterial, impertinent, or scandalous matter.” The question is: can the Iqbal/Twombly pleading standards be applied to strike affirmative defenses in California … Continue reading

Surprise! When your case gets removed to federal court and totally does not belong there.

California litigators who have never practiced in federal court, and who may not even be admitted in any federal court, can be caught off guard when unscrupulous opposing counsel removes a case to federal court on tenuous or frivolous grounds. … Continue reading