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294 F.R.D. 668·
S.D. Fla.·
2021-09-07
·cited 30×
The court held that an affirmative defense must allege personal injury to the defendant and that the defense of unclean hands was insufficient because it focused on harm to other parties. The court also found that the waiver portion of another defense provided fair notice, and th
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M.D. Fla.·
2025-08-24
·cited 14×
The court held that defenses which merely point out defects in the plaintiff's prima facie case should be treated as denials rather than stricken as affirmative defenses. The court also held that underdeveloped arguments in a motion to strike are waived.
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885 F.2d 815·
11th Cir.·
1989-10-10
·cited 9×
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S.D. Fla.·
2026-01-05
The court granted in part and denied in part motions to strike affirmative defenses, treating some as denials, striking others as improper defenses, and allowing some to proceed.
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S.D. Fla.·
2025-02-11
The court held that affirmative defenses must provide fair notice of the defense and its grounds, adopting the 'Fair Notice' standard over the 'Twiqbal' heightened pleading standard. Certain defenses were deemed denials or improper, while others lacked sufficient factual support
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S.D. Fla.·
2025-01-23
Ramindesign, LLC contracted with Jacek Skarzynski to plan and develop a luxury home in Miami, but the parties disputed whether Ramindesign had committed material breaches of the contract when payment stopped mid-project. The court recommended denying Ramindesign's motion to strik
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S.D. Fla.·
2024-06-26
The court held that the defendant's Thirteenth Affirmative Defense, asserting limitations of liability under the Athens Convention, was legally sufficient and should not be stricken.
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M.D. Fla.·
2024-02-15
The court held that affirmative defenses, even if pleaded as denials, should not be stricken but treated as specific denials, and that the heightened pleading standard of Twombly/Iqbal does not apply to affirmative defenses.
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S.D. Fla.·
2024-01-22
The court held that affirmative defenses need only provide fair notice and are not subject to the heightened pleading standards of Twombly and Iqbal. Certain defenses were struck or treated as denials, while others were allowed to proceed.
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M.D. Fla.·
2023-11-20
The court denied the motion to strike the defendant's bona fide error affirmative defense.
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M.D. Fla.·
2023-07-28
The court held that motions to strike affirmative defenses are granted in part and denied in part, striking some defenses, treating others as denials, and denying motions to strike for others.
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M.D. Fla.·
2022-02-09
The court granted in part and denied in part plaintiff's motion to dismiss amended counterclaims and strike affirmative defenses, striking several defenses and portions of the counterclaim while allowing others.
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S.D. Fla.·
2021-06-17
Bluegreen Vacations sued timeshare termination service defendants, alleging they falsely advertised guaranteed contract cancellation services and engaged in coordinated schemes involving false advertising, tortious interference, and fraud that caused timeshare owners to default o
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S.D. Fla.·
2021-03-04
The court granted in part and denied in part the plaintiff's motion to strike affirmative defenses, holding that affirmative defenses need only provide fair notice and are not subject to the heightened pleading standard of Twombly/Iqbal. The court struck the set-off claim in the
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S.D. Fla.·
2020-11-04
The court held that affirmative defenses must provide fair notice of the defense and the grounds upon which it rests, and are not subject to the heightened pleading standard of Twombly/Iqbal. Certain defenses were stricken as legally insufficient or irrelevant.
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S.D. Fla.·
2020-09-29
The court granted in part and denied in part motions to strike affirmative defenses, applying a lower pleading standard to affirmative defenses.
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S.D. Fla.·
2020-04-21
The court denied Plaintiff's motion to strike eleven affirmative defenses, treating some as specific denials and finding others provided sufficient notice.
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S.D. Fla.·
2019-11-25
The court held that affirmative defenses are subject to the heightened pleading standard established in Twombly and Iqbal, and granted the motion to strike because many of the defendant's defenses were vague, conclusory, and failed to allege sufficient facts.
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252 F. Supp. 772·
S.D. Fla.·
2013-12-16
The court held that affirmative defenses are subject to the same pleading standards as complaints and granted in part the plaintiff's motion to strike.