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Chicago IP Litigation Tracking Northern District of Illinois IP Cases

Parties May Not Deny Statements for Which They Lack Information and Belief

Posted in Pleading Requirements

Bernina of Am., Inc. v. Imageline, Inc., No. 10 C 4917, Slip Op. (N.D. Ill. Jan. 12, 2011) (Shadur, Sen. J.).

Judge Shadur sua sponte struck two paragraphs of plaintiff’s answer and affirmative defenses to defendants’ counterclaims. Both paragraphs denied allegations for which plaintiff lacked information and belief, which was both "oxymoronic" and in violation of Fed. R. Civ. P. 8(b)(5).