Younge v. Fulton Judicial Circuit Dist. Attorney’s Office
Younge v. Fulton Judicial Circuit Dist. Attorney’s Office  
Podcast: The Supreme Court: Oral Arguments
Published On: Mon Nov 02 2026
Description: Younge v. Fulton Judicial Circuit Dist. Attorney’s Office | 11/02/26 | Docket #: 25-352 25-352 YOUNGE V. FULTON JUDICIAL CIRC. DIST. ATTORNEY'S OFFICE DECISION BELOW: 2025 WL 974309 CERT. GRANTED 3/30/2026 QUESTION PRESENTED: Rule 8(c)(1) of the Federal Rules of Civil Procedure provides that a party "must" plead "any" affirmative defense. The question presented is: Where a defendant has filed an answer without pleading an affirmative defense, may the defendant nonetheless assert that affirmative defense as the basis for a summary judgment motion, without amending or seeking to amend its answer to plead that affirmative defense, and may a defendant do so even if an amendment adding that affirmative defense would be barred by Rule 16(b)(4)? LOWER COURT CASE NUMBER: 23-11418