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Racick v. Dominion Law Associates

United States District Court for the Eastern District of North Carolina

270 F.R.D. 228 (E.D.N.C. 2010)

Relevant factsFree

After Racick (plaintiff) sued Dominion Law Associates (defendant) under the Fair Debt Collection Practices Act, Dominion asserted 13 affirmative defenses, including a conclusory failure-to-state-a-claim defense, a statute-of-limitations defense that never identified the specific statute or limitations period, and a catch-all reservation of the right to assert further defenses later; Racick moved to strike these defenses as failing the Twombly/Iqbal plausibility standard.

IssueFree

Whether the Twombly/Iqbal plausibility standard, requiring facts supporting a facially plausible claim, applies to affirmative defenses as well as complaints.

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