Perspective
May 27, 2010
Demurring to Defenseless Defendants
Defense counsel replies with a 13-page answer comprised of a mind-boggling 237 single-sentence affirmative defenses. Now what, asks Walter Moore of Hamlin, Cody & Moore?
Let's start with a pop quiz.
Assume you represent the plaintiff in a Superior Court lawsuit for breach of contract, fraud, trespass and three other equally delightful causes of action.
In response to your exceptionally well-drafted complaint, defense counsel sends you a 13-page answer comprising a mind-boggling 237 single-sentence affirmative defenses.
Each affirmative defense is simply a &qu...
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