Quimbee logo
DMCA.com Protection Status
From our private database of 18,800+ case briefs...

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.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 499,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 499,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 18,800 briefs, keyed to 985 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Questions & Answers

Have a question about this case?

Sign up for a free 7-day trial and ask it

Sign up for a FREE 7-day trial