Affirmative Defenses and Rule 12(b)(6): A Plain Meaning Interpretation

, New York Law Journal


Michael E. Rosmanm general counsel for the Center for Individual Rights, writes: It is commonly accepted that, in federal court, certain affirmative defenses to causes of action, like the statute of limitations, the statute of frauds, or qualified immunity, can be raised prior to answering the complaint in a motion pursuant to Rule 12(b)(6). But this rule creates some unexpected problems.

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