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Posts tagged "Personal injury wrongful death affirmative defenses pleading plausibility Rhode Island"

Affirmative Defenses Not Subject to "Plausibility" Pleading Standard

The United States District Court for the District of Rhode Island recently held that a defendant's allegation of affirmative defenses is not subject to the "plausibility" pleading standard set forth in Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007) and Ashcroft v. Iqbal, 556 U.S. 662 (2009). Owen v. American Shipyard Co., C.A. No. 1:15-CV-413S, 2016 WL 1465348 at *3 (D.R.I. Apr. 14, 2016). The issue arises in the context of wrongful death premises liability claims brought against a shipyard when three business invitees drove their vehicle off a pier and drowned. Plaintiffs moved to strike all of the defendants' affirmative defenses arguing that the defenses failed to conform to the federal plausibility standard.