GEOMC Co. v. Calmare Therapeutics Inc.
United States Court of Appeals for the Second Circuit
918 F.3d 92 (2019)
In 2014 GEOMC Co. (plaintiff) sued Calmare Therapeutics Inc. (defendant). Calmare answered asserting affirmative defenses and later added counterclaims. In 2015 GEOMC requested leave to amend its complaint to add a breach-of-contract claim. Calmare answered adding six more affirmative defenses and six counterclaims. GEOMC moved to strike five of the counterclaims and the new affirmative defenses. The district court struck the counterclaims and two of Calmare’s additional affirmative defenses: one alleging GEOMC’s own negligence caused its damages without asserting any facts that might provide a defense to GEOMC’s breach-of-contract claim; and a second alleging GEOMC failed to join a necessary party without indicating who needed to be joined or why. After trial, the judge entered judgment for GEOMC. Calmare appealed, arguing the judge erred in striking its two affirmative defenses.
Rule of Law
Holding and Reasoning (Newman, J.)
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