what affirmative defenses must be pled

See S.J.C. startxref Programs, Pronunciation c. 231, 22, which permitted "the general issue" in real and mixed actions. 161 0 obj <>stream What affirmative defenses must be pled Florida? c. 185, 28, 29;c. 237, 3;c. 240, 1. Like a claim for relief, an affirmative defense must plead sufficient ultimate facts to survive a motion to strike. All statements shall be made subject to the obligations set forth inRule 11. However, a litigant should not depend on judicial discretion to raise a defense on the hope that the defensewill be introduced into the case without having been affirmativelypleaded. Constitution, State 1. Rule 8(d) sets up a straightforward way of dealing with failure to deny averments: (1) If the averments are contained in a pleading to which a responsive pleading is authorized, the pleader must either utilize the opportunity or be taken to have waived it. 121 (1931). )9]-f28\.1%y[^ $)- tD"{P"SPI{1\p7HERT W? 2. <> Upcoming Meetings, Broadcast TV A properly pled affirmative defense includes ultimate facts sufficient to provide notice of the proof the defendant intends to rely upon to defeat the plaintiffs claim. S. Fla. Coastal Elec., Inc. v. Treasure on the Bay II Condo Assn, 89 So. Nevertheless, courts will, on rare occasions, allow a party tointroduce anunpleaded defenseon a motion for summary judgment. Gatt v. Keyes Corp., 446 So. For the second sentence see [former] Equity Rule 31 (ReplyWhen RequiredWhen Cause at Issue). 3d 264, 267 (Fla. 3d DCA 2012). The signature to an instrument set forth in any pleading shall be taken as admitted unless a party specifically denies its genuineness. When there is any good faith doubt on the matter, the allegation will be denied by the defendant, and properly so. Courts will, from time-to-time, consider an unpleaded defense ifthe adverse party has notice of it through channels other than the answer. )|\\%%2J7bSz6mMg1|F99g&D8 05=OMd;\w/b1`ortQ!F=bJpx[88Vi 494, 174 N.E. <> <> endobj In your jurisdiction, the affirmative defense of fraud has five elements, (1) a false representation; (2) about a material fact; (3) made with knowledge of its untruth; (4) with intent to deceive; and (5) defendant relied on the representation. Ill.Rev.Stat. (2)G.L. It should be emphasized that Rule 8(a)(1) does not alter the statutory requirements regarding the omission of names in Superior Court divorce proceedings, G.L. Such an "affirmative defense" will very likely be no affirmative defense at all when viewed against the causes of action in the case at bar. When two or more statements are made in the alternative and one of them if made independently would be sufficient, the pleading is not made insufficient by the insufficiency of one or more of the alternative statements. Clerk, Fiscal The issue whether a claim was excepted from discharge may be determined either in the court that entered the discharge or in most instances in another court with jurisdiction over the creditors claim. 5tpK"D;'BX2N[J'ziU_lwzY}WLWRzum5(4(zadwZA,~OB(~v*M[M;\yQ;GjV=CNy9gm;:B~;jA93=qVk9c%MdZha=t #P@Y/Y:gA'|Q EI-hC^! Code 820.2 and derivative immunity under Cal. Session Daily, Senate Media In addition to general denials, you assert several affirmative defenses, including the defense of illegality. Note to Subdivision (b). 0000002593 00000 n . No technical form is required. A party that does not intend to deny all the allegations must either specifically deny designated allegations or generally deny all except those specifically admitted. A party may state as many separate claims or defenses as it has, regardless of consistency. Council, Schedules, Calendars, Spreadsheet, Minnesota But 524(a) applies only to a claim that was actually discharged. endstream endobj 435 0 obj <>stream See [former] Equity Rules 25 (Bill of ComplaintContents), and 30 (AnswerContentsCounterclaim). nM VYaEyQ>M FPD,~(8 To some extent this rule changes Massachusetts practice, which permitted different causes of action to be joined (with the exceptions mentioned previously), so long as the causes of action were stated in different counts. 2d 642, 645 (Fla. 1972); Gonzalez v. NAFH Nat'l Bank, 93 So. The defendant opposed the motion, asserting apartial-constructive-eviction defense,and cross-moved for leave to amend its answer to assert two counterclaims against the plaintiff. Please do not include personal or contact information. While Rule 8(a)(1) allows the pleading of conclusions,Rule 12(e)(motion for more definite statement) andRule 12(f)(motion to strike) cure the only real impropriety of the pleading of conclusions, namely, that the pleading is too vague to form a responsive pleading. 0 302, 155 N.E.2d 409 (1959). That was the holding of the Appellate Division, First Department in American Stevedoring, Inc. v. Red Hook Container Terminal, LLC, 2016 NY Slip Op 08470 (1st Dept. The concept of a defendant being allowed to plead the statute of limitations as a defense is derived from the common law. 464 (1884);Vigoda v. Barton, 338 Mass. The degree of certainty required in a pleading is that the pleader must set forth the facts in such manner as to reasonably inform his adversary of what is proposed to be proved in order to prove the latter with a fair opportunity to meet it and prepare his evidence. Id. Moreover, all affirmative defense elements must be pled. This article focuses on Rule 1.140(b) and how to strike insufficiently pled and fake affirmative defenses. A provision of like import is of frequent occurrence in the codes. (a) Each averment of a pleading shall be simple, concise, and direct. No substantive change is intended. Besides a waste of printer ink, insufficiently pled and fake affirmative defenses bog down the litigation and may permit an opposing party to engage in an otherwise impermissible fishing expedition disguised as permissible discovery to supposedly bolster a valid affirmative defense. Certain statutes pertaining to real estate may, however, require unique particularity. Because Rule 8(e)(2) permits the plaintiff to set forth two or more statements of a claim in one count, the rule that allegations in one count will not be read into the allegations of another count,Kenney v. Boston & Maine R.R., 301 Mass. Most of the Equipment was located at the Brooklyn Terminal. of Manhasset Med. Legislative Auditor, Legislative Coordinating Rules, Educational This requirement was omitted from Rule 8(b) for several reasons: (1) Unlike the questions of the genuineness of a signature or the public ownership of a place, which are susceptible of definite answers and will not often be denied, the legal relationship between the registered owner of a motor vehicle and its operator will often call for a conclusion upon which reasonable minds may differ. When two or more statements are made in the alternative and one of them if made independently would be sufficient, the pleading is not made insufficient by the insufficiency of one or more of the alternative statements. Ze#0_0\_N8hEFIvHtO*P6uQfz~"qf]-Tw\7dUcMnFR =[0! Representatives, House Who Represents 0000002937 00000 n In responding to a pleading, a party must: (A) state in short and plain terms its defenses to each claim asserted against it; and. 1= Share sensitive information only on official, secure websites. The first sentence is similar to [former] Equity Rule 30 (AnswerContentsCounterclaim). And so, in the Courts view, the plaintiff could hardly contend it would be prejudiced or surprised by the defense. Accord and Satisfaction, Arbitration and Award, Assumption of the Risk, Contributory Negligence, Discharge in Bankruptcy, Duress, Estoppel, Failure of Consideration, . In equity practice, a bill would be objectionable as multifarious if separate and distinct wrongs, each dependent upon its own facts, were joined in a bill. The only Massachusetts statutes dealing with this point, G.L. . 365. Do not let the opposing party's insufficiently pled or fake affirmative defenses walk with a ball instead of retiring it with a strike by blowing this deadline. This will undoubtedly waste party and judicial resources and distract from key litigation issues. (1937) 242, with surprise omitted in this rule. To comport with prior law, Rule 8(b) also includes a provision that an allegation in any pleading that a place is a public way shall be taken as admitted unless a party specifically denies such allegation. The Motion Court granted ASIs motion with regard to the breach of contract claim. The Suffolk County Commercial Division (Emerson, J.) 2. Asserting legally insufficient affirmative defenses comes at a cost, which at the very least will require you to expend litigation resources at a motion hearing noticed by the government to strike your affirmative defenses under Fla. R. Civ. M,d1xFApJ^YCkK"A"4O2fVhaWX7`OhsUO=1m}{(2T}_V Ie .fOkD5#_s & reports. true Few cases have caused as great a concern as the verdict finding _____ not guilty by reason of insanity in his trial for the 1981 shooting of President Ronald Reagan. (3) General and Specific Denials. As stated in Chapter 2 "The Legal System in the United States", a criminal defendant will be acquitted if the prosecution cannot prove every element of the offense beyond a reasonable doubt. Zp %pu;>wF("{| 3wYfon?6BVeQr;(pZyAY`QUG`Gk,pmLUgQ6 @#$'bAAHY:A9wZi2U_|Bpjq Zgat T2D(r)qP` 1A$X^2,/NS While RHCT has referred to the issue of having the permission of the site owner during the pendency of this case, for example, by demanding that ASI provide evidence of permission to use the site when the Third Location was specified, the issue appears to have been touched on only in the context of questioning whether RHCT would be able to access the site and complete delivery. Compare also [former] Equity Rule 18 (PleadingsTechnical Forms Abrogated). i Five days later, RHCT informed ASl that the second location was not acceptable, primarily because the owner of the site did not give RHCT permission to store the Equipment at that location. 7 0 obj matter in the form of an affirmative defense. Video, Webcast 0000000838 00000 n Calendar, Senate History Guide, Legislators Past & Journal, Senate New Dimensions, 286 Va. at 36, 743 S.E.2d at 271. "/{^OY:N9BIYkW[1f$( hi!ARX8u;q%2V_9Z4U4neac?m MwlPZ8#+V[N. 2d 483, 487 (Fla. 5th DCA 2002). 30 0 obj <>stream Averments in a pleading to which no responsive pleading is required or permitted shall be taken as denied or avoided. P. 1.140 (f). Services, Legislators Too often defendants (and counter-defendants) assert affirmative defenses made from whole cloth. A homeowner may under all circumstances use deadly force for self-protection in his or her dwelling. (1) In General. (1930) 55085514. If the answer to either question is no, then the affirmative defense should be stricken. (3) Since one of the major purposes of Rule 8(b) is elimination of the general denial except in those rare cases where the pleader intends in good faith to controvert all the averments of the preceding pleading, particularization of specific situations requiring a specific denial tends to weaken the emphasis on this goal. 0000000757 00000 n 625, 630, 48 N.E.2d 668, 671 (1943), and the substantive allegations had to set forth the essential elements of a recognized cause of action. 336. Rule 8(e)(2) also permits a party to set forth two or more statements of a claim or defense alternately or hypothetically, either in one count or defense or in separate counts or defenses. Thank you for your website feedback! Counsel, Research & Fiscal Analysis, Senate Gov. If, however, a litigant fails to raise a particular defense in its answer or CPLR 3211(a) motion, the defendant may still have hope of raising the defense at the summary judgment stage, so long as the defense does not take the adverse party by surprise. All pleadings shall be so construed as to do substantial justice. LinkedIn and 3rd parties use essential and non-essential cookies to provide, secure, analyze and improve our Services, and (except on the iOS app) to show you relevant ads (including professional and job ads) on and off LinkedIn. bGlY%Ep 110, 157(3); 2 Minn.Stat. The force and application of Rule 11 are not diminished by the deletion. 0000004535 00000 n Affirmative defenses are legal defenses that raise new facts or issues not raised in the Complaint. After the expiration of the Lease, RHCT retained possession of the Equipment. Rule 8 reflects the view that the primary function of pleadings is not to formulate the precise issues for trial but rather to give fair notice of the claims and defenses of the parties. [ 13 0 R] Gomez v. J. Jacobo Farm Labor Contr., Inc., 188 F.Supp.3d 986, 991 (E.D. (d) Effect of Failure to Deny. This rule is, in part, [former] Equity Rule 30 (AnswerContentsCounterclaim), with the matter on denials largely from the Connecticut practice. ?r2s$M[1c2p}p1|5J]30X zT"%t K@-Hs9ro[1 Fh/ph ;[@IcH>c2[Ry3s&-I)yL~f>hO J&;V@.5+uR}BEc7eO,x:l Hv|2lrL{ Z.Gm[4:m&w`HfK'kl,fi 7lcIRV~sP3MJD{B-u` F\{@[RK{F7VG;zm:x. [^|*YU/G xz}E1i#5["Rw0s*rx`=GXw`Y5l>8K77v[6-_** !%G=Y9LsSD#bMn#i#mwc+v?4J Y1Gs/,ESTI,S7 U|/8l{6[` V 2d 1054, 1057 (Fla. 3d DCA 2012). should be available to [the defendant] pre-discovery, the Court grants the motion to strike the second affirmative defense without prejudice."). Johnson answered and pled "the affirmative defense of the four (4) year Statute of . Rule 8(b) provides that the signature to an instrument set forth in any pleading shall be taken as admitted unless a party specifically denies its genuineness. In pleading to a preceding pleading, a party shall set forth affirmatively accord and satisfaction, arbitration and award, assumption of risk, contributory negligence, discharge in bankruptcy, duress, estoppel, failure of consideration, fraud, illegality, injury by fellow servant, laches, license, payment, release, res judicata, statute of frauds, statute of limitations, waiver, and any other matter constituting an avoidance or affirmative defense. No technical forms of pleading or motions are required. In effect, an affirmative defense says, Yes, I did it, but I had a [lawful] reason. Id. 99, 101, 2 L.Ed.2d 80 (1957). A party may also state as many separate claims or defenses as the party has regardless of consistency and whether based on legal or equitable grounds or both. Committee Relief in the alternative or of several different types may be demanded. Rock-Ola Mfg. 8. A court must grant a "traditional" motion for summary judgment "forthwith if [the summary judgment evidence] show[s] that . 0000002837 00000 n 708, 137 N.E. A party may also state as many separate claims or defenses as he has regardless of consistency and whether based on legal or equitable grounds. Plaintiff, the owner of eight units in a professional medical condominium, commenced an action againsta tenant (among others), alleging that thedefendant tenant defaulted under the parties lease agreement by failing to pay rent for several months. Committees, Joint Committees Other courts using Federal Rule type pleading have given great weight to common law Moreover, all affirmative defense elements must be pled. Denials shall fairly meet the substance of the averments denied. (2) Alternative Statements of a Claim or Defense. affirmative defense is stricken without prejudice. The affirmative defenses listed in Rule 8(c) are only a partial list of defenses which should be set forth affirmatively and the rule provides that any "matter constituting an avoidance or affirmative defense" must be pleaded. Each separate cause of action upon which a separate recovery . Time Capsule, Fiscal Archive, Session Laws We will use this information to improve this page. Such a statement, although essential in the federal courts, is of minimal value in the state courts. Day, Combined (B) admit or deny the allegations asserted against it by an opposing party. 5 . Prior to RHCT, American Stevedoring, Inc. (ASI) provided those services at the Brooklyn Terminal. ASI based its motion on RHCTs failure to return the Equipment as provided for in the Lease. Prescription. A pleading which sets forth a claim for relief, whether an original claim, counterclaim, cross-claim, or third-party claim shall contain (1) a short and plain statement of the claim showing that the pleader is entitled to relief, and (2) a demand for judgment for the relief to which he deems himself entitled. Discharge in bankruptcy. ASI argues that an illegality defense is an affirmative defense which must be pleaded in a responsive pleading or addressed in a motion to dismiss lest it be waived. Yaeger v. Lora Realty, Inc., 245 So. The court did explain, however, that "[t]he reason why affirmative defenses under Rule 8(c) must be pled in the answer is to give the opposing party notice of the defense and a chance to develop evidence and offer arguments to controvert the defense." Id. at 52. RHCT counterclaimed for, among other things, its post-Lease storage fees for the Equipment. Aug. 1, 1987; Apr. However, where the defendant raises the defense in motions (many affirmative defenses can be asserted as a basis for a motion under CPLR 3211), for example, the courts have ruled that the defense may be entertained because there is no surprise or prejudice by its assertion. Analysis, House If a responsive pleading is not required, an allegation is considered denied or avoided. there is no genuine issue as to any material fact and . Professionals, PLLC, 2019 NY Slip Op 51588(U) (Sup Ct, Suffolk County Oct. 8, 2019). 222, 5 L.Ed.2d 189 (1960): "It is difficult to believe that counsel who signed this answer had good grounds to assert, among other things, that his client did not either own, operate, or manage the vessel, that the plaintiff was not employed by the stevedore, and that he was not injured, or even aboard the vessel. 0000006665 00000 n In . The firm is committed to the zealous representation of its clients and the effective use of their resources in litigation involving business and commercial disputes. The Committee Note was revised to delete statements that were over-simplified. No technical forms of pleading or motions are required. A party's right under Rule 8(e)(2) to state claims based upon inconsistent remedies does not alter Massachusetts practice, see G.L. Woodfield, the court held that a defendant "must plead an affirmative defense with enough specificity or factual Any subsequent statutory amendments toG.L. Pleading requirements for affirmative defenses: The answer must "state in short and plain terms" the defendant's defenses to each claim asserted against it. In pleading to a preceding pleading, a party shall set forth affirmatively accord and satisfaction, arbitration and award, assumption of risk, contributory negligence, discharge in bankruptcy, duress, estoppel, failure of consideration, fraud, illegality, injury by fellow servant, laches, license, payment, release, res judicata, statute of In this respect, it differs fromG.L. 1960), cert. trailer endobj Select Accept to consent or Reject to decline non-essential cookies for this use. Minnesota Office of the Revisor of Statutes, 700 State Office Building, 100 Rev. Rather, an affirmative defense must raise some new matter which defeats the opposing partys otherwise valid claim. Introductions, Fiscal If a recovery of money for unliquidated damages in an amount greater than $50,000 is demanded, the pleading shall state merely that recovery of reasonable damages in an amount greater than $50,000 is sought. Guide, Address CPLR 3018 (b) contains the following, non-exhaustive list of defenses that should be affirmatively pleaded in an answer: Arbitration and award Collateral Estoppel Culpable conduct of the plaintiff under CPLR Article 14-A Discharge in bankruptcy Illegality Fraud Infancy or other disability of the defendant Payment Release Res Judicata New material was added to provide a reminder of the means to determine whether a debt was in fact discharged. EkmJ>b*2[jz* mW{NU!*rFU_}Dx;cq'{FJ!^k%(* t#V/R-;k%~1WLaG If you need assistance, please contact the Trial Court Law Libraries. A party that intends in good faith to deny only part of an allegation must admit the part that is true and deny the rest. 2d 890, 891 (Fla. 3d DCA 1971). G.L. CPLR 3018 (b) contains the following, non-exhaustive list of defenses that should be affirmatively pleaded in an answer: Arbitration and award Collateral Estoppel Culpable conduct of the. The Reporters agree with Professor Moore, 2A Moore, Federal Practice, 8.27[2], that the mere raising of the defense should not shift any burden to the defendant; they recommend this position unequivocally. 1720. A somewhat related point concerns the possible working of an estoppel on the defendant who pleads, first, a denial of all operative allegations, then an affirmative defense. RHCT sought dismissal of the breach of contract claim, among others, on the grounds that it was not obligated to deliver the Equipment because the delivery sites selected by ASI were unsuitable and/or did not satisfy the requirements of the Lease. 7. On reply, the plaintiff argued that the Court should reject thedefendants partial-constructive-eviction defense because it was not pleaded as an affirmative defense in the defendants answer. PB |\MF,S5^*;eKS/\itQ3)+u+e27!,vqYv;+{?S[l|.Q7mG|\{54Ye@ggv,EB ^r`a u}x-{) SWcs`#.Yt0f1PQSdm1sR[RzXwsK6~] Sw"fVpQ"]dSFpQ9NOB? 1999). Daily, Combined Media Note to Subdivision (e). htN0o=te !! A party that intends in good faith to deny all the allegations of a pleadingincluding the jurisdictional groundsmay do so by a general denial. 5. On the other hand, by raising for the first time an issue on which he does not have the burden of production or persuasion, a defendant may conceivably run afoul of the doctrine of "invited error." Unlike prior procedure, Rule 8(a)(2) permits the pleader to seek in his claim both legal and equitable relief, either together or in the alternative. Under previous Massachusetts law, besides being unable to join legal and equitable claims in one pleading, a plaintiff could not join causes of action unless they arose out of the same manner (G.L. For the reasons that follow, the motion will be granted. Thereafter, the parties moved for partial summary judgment. c. 231, 7 Fifth, Sixth. . After the defendant interposed ananswer and cross-claims, the plaintiffmoved for summary judgment. However, Justice Emersonpermitted the defense, reiterating the principle that [a]n unpleaded defense may be invoked to defeat a summary-judgment motion, or to serve as the basis for an affirmative grant of such relief, in the absence of surprise or prejudice, provided that the opposing party has a full opportunity to respond thereto.. Please remove any contact information or personal data from your feedback. Unless the pleader intends in good faith to controvert all the averments of the preceding pleading, he may make his denials as specific denials of designated averments or paragraphs, or he may generally deny all the averments except such designated averments or paragraphs as he expressly admits; but, when he does so intend to controvert all its averments, he may do so by general denial subject to the obligations set forth inRule 11. All pleadings shall be so construed as to do substantial justice. Search & Status (House), Bill Payment (extinction of the claim or demand). An official website of the Commonwealth of Massachusetts, This page, Civil Procedure Rule 8: General rules of pleading, is. P. 1.110(d); St. Paul Mercury Ins. Therefore, the failure to plead an affirmative defense could have significant consequences. A pleader who intends in good faith to deny only a part or to qualify an averment shall specify so much of it as is true and material and shall deny only the remainder. This page is located more than 3 levels deep within a topic. This button displays the currently selected search type. [FRCP 8(b)(1)(A); "Fair notice" requirement: An affirmative defense must be pleaded with enough specificity or factual particularity to give plaintiff "fair notice" of the . All statements shall be made subject to the obligations set forth in Rule 11. 524(a)(1) and (2) a discharge voids a judgment to the extent that it determines a personal liability of the debtor with respect to a discharged debt. Id. <> Rule 8(a)(1) provides that a pleading shall contain "a short and plain statement of the claim showing that the pleader is entitled to relief alters prior practice. This will guide the attack. Rule 8(d) makes the admission automatic. See Haxhe Props., LLC v. Cincinnati . The defense was not pleaded. 16 0 obj An affirmative defense is one that admits the cause of action in the initial pleading but avoids liability, in whole or in part, by allegations of excuse, justification, or other matter negating the cause. In order to raise an affirmative defense of fraud, the "pertinent facts and circumstances constituting fraud must be pled with specificity, and all the essential elements of fraudulent conduct must be stated." Zikofsky v. Robby Vapor Systems, Inc., 846 So.2d 684, 684 (Fla. 4th DCA 2003) (citation omitted). <> xref Rule 8(a)(1) makes no reference to facts or causes of action. You can update your choices at any time in your settings. Freiberger Haber LLP is a national law firm located in Melville Long Island & New York City. Slip op. If a party makes alternative statements, the pleading is sufficient if any one of them is sufficient. Appeals had held that "[a]n affirmative defense is subject to the same pleading requirements as is the complaint." Woodfield v. Bowman, 193 F.3d 354, 362 (5th Cir. (5) Lacking Knowledge or Information. If you want fraud as an affirmative defense in a breach of contract case, how might you assert it? Comparisons, Bill 30, 2007, eff. Rule 8(a), unlike Federal Rule 8(a)(1), does not contain requirement that the claim set forth "a short and plain statement of the grounds upon which the court's jurisdiction depends." Dr. Martin Luther King Jr. 2d 1160, 1163 (Fla. 4th DCA 1999) (It is insufficient to plead opinions, theories, legal conclusions or argument.). (1) In General. 2. Schedules, Order of The rule merely establishes the burden of pleading, i.e., of raising the issue. Nvwe4 affirmative Although entrapment was not a defense at common law, it may now be pled as a defense in all federal and state jurisdictions. conclusively establish its affirmative defense. Heretofore, at law different consistent defenses could be separately stated in the same answer or plea. Please limit your input to 500 characters. Id. Averments in a pleading to which a responsive pleading is required, other than those as to the amount of damage, are admitted when not denied in the responsive pleading. See G.L. A party may set out 2 or more statements of a claim or defense alternatively or hypothetically, either in a single count or defense or in separate ones. c. 231, 7 (Sixth) (providing that a plaintiff shall not be required to elect between causes of action where the remedies are inconsistent). Schedule, Legislative Initially, a movant must determine whether the affirmative defense at issue legally qualifies as an affirmative defense or is simply gobbledygook masquerading as one. %PDF-1.4 % Red Hook Container Terminal, LLC (RHCT) provided stevedoring services at a marine container terminal located in Brooklyn, New York (the Brooklyn Terminal). %%EOF ), Notes of Advisory Committee on Rules1937. The party raising the affirmative defense has the burden of proof on establishing that it applies. Rule 8(b) thus proscribes promiscuous use of the general denial except in those rare cases where defendant (and, more important, his attorney) in good faith denies each and every allegation in the complaint. If it is a fake affirmative defense, then, in addition to the aforementioned reasons, it should be attacked based upon impermissibly pleading opinions, theories, legal conclusions, or argument.

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