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Racick v. Dominion Law Associates
United States District Court for the Eastern District of North Carolina
270 F.R.D. 228 (E.D.N.C. 2010)
Louis Racick (plaintiff) sued Dominion Law Associates (Dominion) (defendant) under the Fair Debt Collection Practices Act, 15 U.S.C. §§ 1692-92p. Dominion filed an answer with 13 affirmative defenses. The second affirmative defense claimed that Racick failed to state a claim upon which relief could be granted. The third affirmative defense claimed that the applicable statute of limitations barred Racick’s claims. The sixth affirmative defense claimed that Racick’s recovery was subject to statutory limitations. A fourteenth defense stated that Dominion reserved the right to assert additional affirmative defenses as they arose. Racick moved to strike Dominion’s affirmative defenses, claiming that the plausibility standard established by Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007), and Ashcroft v. Iqbal, 556 U.S. 662 (2009), applied to affirmative defenses and that Dominion’s affirmative defenses failed to meet this standard.
Rule of Law
Holding and Reasoning (Fox, J.)
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