My clients see it all the time. They look at defenses raised in writing by the other side and say things like, “What does that mean?” My typical response to my clients (without waiving any attorney-client privilege) is usually, “Nothing. Absolutely nothing.”

“Barebone affirmative defenses have always been deficient,” he told the court.

To show the government’s apathetic response to the lawsuits, the plaintiffs pointed to its negligence defenses. The plaintiffs told the court these aren’t negligence cases; they’re cases based on statutory claims.

Civil procedure rules bar “formulaic, boilerplate defenses,” said attorney Zina Bash of Keller Postman LLC. She said the defenses are inefficient, immaterial and need “more precision.”

Read more at: https://www.law360.com/personal-injury-medical-malpractice/articles/1691269?nl_pk=029cff45-637f-44e3-babf-75563f8e0bfd&utm_source=newsletter&utm_medium=email&utm_campaign=personal-injury-medical-malpractice&utm_content=2023-06-22&nlsidx=0&nlaidx=1?copied=1