Legal Answer to FACC

LEGAL ANSWER TO FACC

Court:    Case No.:

Plaintiff Name:    Defendant Name:

RECITALS

WHEREAS, Plaintiff filed a First Amended Complaint and Counterclaim (the "FACC") against Defendant on or about , alleging causes of action described therein; and

WHEREAS, Defendant expressly denies each and every allegation of the FACC except those allegations that Defendant expressly admits herein; and

WHEREAS, the parties desire to place Defendant's response to the FACC on the record and to set forth affirmative defenses, any counterclaims or setoffs, and other matters pertinent to the disposition of this action.

NOW THEREFORE,

ANSWER

1. General Response. Defendant answers the FACC paragraph by paragraph as follows. Except as expressly admitted below, Defendant denies, generally and specifically, each and every allegation contained in the FACC and demands strict proof thereof. Where Defendant lacks sufficient knowledge or information to form a belief as to the truth of an allegation, Defendant denies the allegation and demands strict proof.

AFFIRMATIVE DEFENSES

Without assuming any burden of proof that properly rests with Plaintiff, and without conceding any alleged facts, Defendant asserts the following affirmative defenses. Defendant expressly reserves the right to assert additional affirmative defenses as discovery proceeds.

Statute of Limitations: The claims are barred in whole or in part by the applicable statute of limitations.

Failure to State a Claim: The FACC fails to state facts sufficient to constitute a claim against Defendant.

Lack of Subject Matter or Personal Jurisdiction: The court lacks jurisdiction over the subject matter and/or the person.

Comparative/Contributory Fault: Plaintiff's recovery, if any, is barred or reduced due to Plaintiff's own negligence or fault.

COUNTERCLAIMS / SETOFFS

Defendant asserts the following counterclaims or setoffs to the extent known at this time. Defendant reserves the right to amend, supplement, or withdraw any counterclaim as discovery and investigation proceed.

Defendant asserts counterclaims against Plaintiff.

PRAYER FOR RELIEF

WHEREFORE, Defendant respectfully requests that the Court:

1. Deny Plaintiff the relief sought in the FACC and enter judgment in favor of Defendant;
2. Dismiss the FACC with prejudice;
3. Award Defendant costs and reasonable attorneys' fees to the extent permitted by law;
4. Award compensatory and/or punitive damages as proved at trial in the following approximate amount:
5. Grant such other and further relief as the Court deems just and proper.

NOTICES

MISCELLANEOUS CLAUSES

Governing Law: This Answer and any counterclaims shall be governed by and construed in accordance with the substantive laws of the state identified below without regard to conflict of law principles.

Choice of Law State:

Entire Agreement: This Answer, including any counterclaims, affirmative defenses, and certificates submitted herewith, constitutes Defendant's entire written response to the FACC and supersedes any prior writings or statements concerning the matters addressed herein.

Severability: If any provision of this Answer is held to be invalid or unenforceable, such provision shall be severed, and the remainder of this Answer shall continue in full force and effect.

Amendments; Waiver: No amendment or waiver of any provision of this Answer shall be effective unless in writing and signed by the party to be bound. The waiver of any breach shall not operate as a waiver of any subsequent breach.

CERTIFICATE OF SERVICE

I certify that I served a true and correct copy of this Answer and any accompanying documents on the following party or counsel on by the method indicated below.

U.S. Mail

Electronic Service / Email

Hand Delivery

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