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Reis Robotics USA, Inc. v. Concept Industries, Inc.
United States District Court for the Northern District of Illinois
462 F. Supp. 2d 897 (N.D. Ill. 2006)
Reis Robotics USA, Inc. (Reis) (plaintiff) filed a diversity suit against Concept Industries, Inc. (Concept) (defendant) for breach of contract in the United States District Court for the Northern District of Illinois. In its answer, Concept raised six affirmative defenses and seven counterclaims. Among its affirmative defenses, Concept asserted that “Reis breached the contract . . . and that contract may be void for fraud and/or failure of consideration.” Concept also raised as an affirmative defense that “laches, waiver, estoppel, unclean hands, or similar legal or equitable doctrines” barred Reis’s claims. Concept provided numerous factual allegations in its counterclaim, but failed to incorporate those allegations into its affirmative defenses. In addition, Concept qualified a number of the denials in its answer with language to the effect that the contract was procured by fraud and invalid. Reis filed a motion to strike part of the answer, strike and dismiss the affirmative defenses, and dismiss the counterclaims.
Rule of Law
Holding and Reasoning (Castillo, J.)
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