Have District Courts “Answered” the Supreme Court’s Call for More Pleading Replies? Rule 7(a)(7) after Cunningham v. Cornell

One year after the Supreme Court's decision in Cunningham v. Cornell University, have district courts embraced Rule 7(a)(7) as a tool to screen out meritless claims before discovery?

In this client alert, Daniel H. Tabak, Christine M. Jordan, and Daniel J. Lee review lower courts' use of Rule 7(a)(7) since Cunningham and offer practical guidance for litigants seeking to leverage affirmative defenses early in a case.