...). ANALYSIS Household challenges Northeastern's first affirmative defense on the ground that it is not a proper affirmative ...first affirmative defense alleges that Household cannot invoke the equitable remedy of specific performance since any damage is readily ascertainable and compensable by money damages, such that Household has an ...Household has an adequate remedy at law and it is thus not a proper affirmative defense. "Adequate remedy at law" is not listed as an ...

...served by the several defendants, in which, among other defenses, it was alleged as a first affirmative defense that the plaintiff had an adequate remedy at law, and as a second ...defenses and counterclaims. In June, 1921, the Special Term overruled the demurrer to the first affirmative defense, but sustained the demurrer to the second affirmative defense and to the counterclaim...counterclaim applicable to the alleged conspiracy of the plaintiff. The Special Term, in effect, held that the new matter sought to be pleaded in the second affirmative defense...

...are pleaded. The first affirmative defense is that plaintiff has an adequate remedy at law. Determination of this issue is settled by prior decisions in this court. It has been...reason that the agreement when entered into is void at law. Burke v. Burke, 32 Del. Ch. 320, 86 A.2d 51. Nor does a subsequent..., 9 A.2d 258. The covenants here are independent. This defense is without merit. The third affirmative defense appears to raise an issue as to defendant's...

..., (3) plaintiff's attorney had no authority to effect a settlement, and (4) defendants have an adequate remedy at law by an independent action for alleged .... Therefore, the Court will set this issue down for a prompt evidentiary hearing. 4. Fourth Affirmative Defense. Plaintiff's fourth affirmative defense that the de...remedy at law. 1 First Affirmative Defense. Plaintiff's first affirmative defense, that the equitable counterclaim fails to state a clai...

...notice of the defenses for the purpose of discovery. The fifteenth affirmative defense is likewise due to be stricken, as conceded by Defendant. Moreover, to the extent the first affirmative ...entitled to determination under Declaratory Judgment Act with respect to contractual rights even though insurer had adequate remedy at law). Defendant argues.... 47 at 6). This argument is unpersuasive, as it misconstrues the breadth and basis of Plaintiff's claims, which do not allege that the policy is unambiguous. Nevertheless, the first affirmative defense is valid as to Count...

...correct that this defense is not a true affirmative defense, it does not appear that striking it will do anything to simplify or streamline this action, nor will leaving it in the action prejudice plaintiffs in any way. ...ninth affirmative defense asserts that plaintiffs are not entitled to equitable relief because they have an adequate remedy at law. Plaintiffs...affirmative defense. See Finjan, Inc. v. Bitdefender Inc., Case No. 17-CV-04790-HSG, 2018 WL 1811979, at *3 (N.D...

...constitutes a complete and adequate remedy at law in the nature of an affirmative defense to the action of a creditor brought subsequent to the discharge on a claim listed in the schedule of liabi...LSA-C.C.P. Art. 1005 as one of the affirmative defenses that must be set forth in an answer. Therefore, appellee's failure to plead the affirmative defense of a discharge in bankruptcy prior to a...defense of a discharge in bankruptcy was not available for either defendant to plead prior to rendition of judgment. The instant case is not within the above discussed rule. Here...

.... There was no plea of an adequate remedy at law. Appellant invoked the jurisdiction, asking affirmative relief. We think all this was a waiver of the defense it might have pleaded of an ...adequate remedy at law and should not obtain redress in an equity suit. Whatever may be the merits of this claim, we think the appellant waived its right to a trial at law by jury by answering and...remedy at law. Errors are assigned as to the admission of correspondence between the parties. These letters were admissible. The statements of employees, who were sent to make the...

.... Defendant, however, in response to the motion, does not explain this defense. Moreover, “adequate remedy at law” is not an affirmative defense because it would not ..., 2018 WL 1005859, at *2 (D. Colo. Feb. 21, 2018) (“first affirmative defense titled ‘Adequate Remedy at Law,' . . . will not defea..., thus, [is] not affirmative defense[]”); see also Energy Intel. Grp., Inc. v. CHS McPherson Refinery, Inc., 300 F.Supp.3d 1356, 1377 (D. Kan. 2018) (“an ...

...Gomez v. Ill. St. Bd. of Educ., 811 F.2d 1030, 1039 (7th Cir. 1987)). As a general rule, a court will strike an affirmative defense only if it is insufficient on the .... First, with regard to Affirmative Defense I, defendants argue that plaintiff has an "adequate remedy at law" in response to Ocean Atlantic Woodland's claim for injunctive r...argument that Ocean Atlantic Woodland has an adequate remedy at law is merely a denial of one of the elements plaintiff is required to prove. See, e.g., Household Fin. Servs., Inc. v. Northeastern Mortgage Inv. ...

.... Defendant also denies paragraph EIGHTEENTH insofar as that paragraph alleges that plaintiff has no adequate remedy at law. None of the denials contained in defendant's answer raise a triable issue of fact. ...occupancy agreement, certificate of incorporation, by-laws and stock certificate, also raises no triable issue of fact. Defendant's second affirmative defense that plaintiff has an adequate remedy at ...; Physicians Diagnostic Lab. v. Penthouse Bldgs., 186 Misc. 892). Also, in the instant case, plaintiff would be unable, in an action at law, to obtain the complete r...

...not he may be bound by a judgment in the action. In addition, the defendants in Dr. Cole's actions have available to them an adequate remedy at law: the ...). Dr. Cole also contends that because the former patients he is suing can defend against his actions, they have an .... Dr. Cole stipulated to the trial court that law suits against eleven other individuals were, in fact, barred by the statute of limitations. (Trial court opinion ...

...placed at said grave; that plaintiff has no speedy, plain and adequate remedy at law. In the affirmative defense in the answer there were the following averments: That...marker at the burial place of his wife. Defendant's answer contained a general denial excepting as to matters expressly admitted. As an affirmative defense defendant also set up alleged contractual...relations between plaintiff and defendant pertaining to the cemetery lot and grave in question. To these matters of affirmative defense plaintiff filed a reply comprising eleven paragraphs, followed by a...

...an injunction to have the tank removed and for damages and costs. Plaintiffs alleged they were without adequate remedy at law. Defendant answered with a general denial and an affirmative defense s...their participation was not thereby remedied, for jurisdiction cannot be conferred by agreement or consent of the parties when as a matter of law that jurisdiction is lacking...of a court to deal with the subject matter of a controversy can be generated only by force of law, and it is unaffected by agreement or conduct of the parties. 5...

...writ of prohibition is satisfied. The question of an adequate remedy remains. Respondents' second affirmative defense states that relators have adequate remedies at ...quasi-judicial power; (2) the exercise of that power is unauthorized by law; and (3) refusal of the writ would result in injury for which no other adequate legal remedy exists. Commercial Savings...court shall proceed to a final determination of the prosecution or case." Injunction can be an adequate legal remedy. See State, ex rel. MacDiarmid, v...

...). Accordingly, I strike the defendants' sixth affirmative defense, waiver. 7. Adequate Remedy at Law In addition to a permanent injunction, the ...914179, *4 (C.D. Cal. Sept. 17, 1995) (striking a similar affirmative defense and noting that "the existence of legal remedies for individual consumers under state law does not bar the FTC from seeking equitable re...adequate remedy at law for any injured consumer. Under section 13(b) of the FTC Act, a court may exercise its equitable powers to order consumer restitution...

.... V. Affirmative Defense No. 8 Defendants' Eighth Defense asserts: "The Overall Receiver has an adequate remedy at law and no factual...for the granting of equitable relief." (Answer, 46.) Defendants do not offer any basis in support of this statement. Florida courts recognize as an affirmative defense that a party has "a sufficient and adequate ..., 972 So. 2d 872, 880 (Fla. Dist. Ct. App. 2007) (finding that plaintiff had an adequate remedy at law and was therefore not entitled to specific performance). Defendants, however, have not successfully pleaded...

...WTRI's claims: a. No Injury (Second Affirmative Defense) b. Offset And/Or Setoff (Third Affirmative Defense) ...Claims (Second Affirmative Defense) b. No Damage or Injury (Third Affirmative Defense) c. Offset and/or Setoff (Fourth Affirmative .... Statute Of Limitations (Twenty-eighth Affirmative Defense) III. Witnesses a. Witnesses counsel expects to call at trial...

...Prods., Inc. v. Jimenez, 2010 WL 5173717, at *2 (S.D. Cal. Dec. 15, 2010)(granting plaintiff's motion to strike the affirmative defense of "adequate ...Motion To Strike The Nineteenth Affirmative Defense Of Remedies At Law Are Adequate The Court GRANTS Plaintiff's Motion to Strike the nineteenth affirmative ...Remedies At Law Are Adequate. However, because Defendant may be able to allege additional facts to support this affirmative defense, the Court STRIKES with 20 days leave to amend Defendant's...

...plaintiff and defendant in the mind of the public and that there was no adequate remedy at law. Defendant also filed an affirmative defense alleging that plaintiff was attempting to enforce the pr...produced six affidavits. The affidavit of Robert M. Goshorn, secretary of Central Registry, contained the minutes of a meeting of that organization at which one of the participants stated that there were...., 35 Ill. App.2d 313, 182 N.E.2d 383, the court said at page 315...