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GEOMC CO., LTD. v. CALMARE THERAPEUTICS INC.

Docket No. 17-3502-cv August Term 2018.

918 F.3d 92 (2019)

GEOMC CO., LTD., Plaintiff-Counter-Defendant-Appellee, v. CALMARE THERAPEUTICS INCORPORATED, Defendant-Counter-Claimant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: March 12, 2019.

Attorney(s) appearing for the Case

William Feldman , Haynes and Boone, LLP, New York, NY for Defendant-Counter-Claimant-Appellant Calmare Therapeutics, Inc.

Kristen B. Weil , ( Richard M. Zuckerman , on the brief), Dentons US LLP, New York, NY for Plaintiff-Counter-Defendant-Appellee GEOMC Co., Ltd.

Before: NEWMAN, JACOBS, and POOLER, Circuit Judges.

This appeal in complicated litigation concerning a contract dispute merits an opinion to clarify the standards for pleading affirmative defenses and granting a motion to strike them, see Fed. R. Civ. P. 12(f), and for presenting and challenging new counterclaims filed, or sought to be filed, in a responsive pleading...

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