March 13, 2019 / 12:45 AM / 5 months ago

2nd Circuit clarifies affirmative defense standards in medical device case

The 2nd U.S. Circuit Court of Appeals on Tuesday clarified its standards for pleading affirmative defenses, granting motions to strike affirmative defenses, and presenting and challenging new counterclaims raised in answers to amended complaints.

Tuesday’s clarifications came in connection with the court’s 3-0 decision by Circuit Judge Jon Newman to vacate a $10.4 million judgment in favor of South Korea’s GEOMC Co and against Calmare Therapeutics Inc, in a contract dispute over sales of medical devices to manage pain to Calmare.

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