Affirmative Defenses and Rule 12(b)(6): A Plain Meaning Interpretation
Michael E. Rosman
Center for Individual Rights
New York Law Journal, December 2012
This article contends that the courts have mistakenly permitted defendants to assert affirmative defenses in pre-answer motions pursuant to Rule 12(b)(6). A straightforward reading of the Federal Rules of Civil Procedure demonstrates that the rules do not contemplate such motions.
Number of Pages in PDF File: 10
Keywords: Civil Procedure, Federal Rules of Civil Procedure, Dispositive Motions, Affirmative Defenses, 12(b)(6)
Date posted: January 24, 2013 ; Last revised: February 8, 2013
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