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KST DATA, INC. v. DXC TECHNOLOGY CO.

No. 19-55422.

980 F.3d 709 (2020)

KST DATA, INC., a California Corporation, Plaintiff-Counter-Defendant-Appellee, v. DXC TECHNOLOGY COMPANY, a Virginia corporation, Defendant, and Enterprise Services LLC, Defendant-Counter-Claimant-Appellant, v. Armando Tan, Counter-Defendant-Appellee, and Mitchell Evans, Counter-Defendant.

United States Court of Appeals, Ninth Circuit.

Filed November 17, 2020.

Attorney(s) appearing for the Case

Stephen G. Larson (argued) Hilary Potashner , and Paul A. Rigali , Larson O'Brien LLP, Los Angeles, California; Attison L. Barnes III , Wiley Rein LLP, Washington, D.C.; for Defendant-Counter-Claimant-Appellant.

Nicole R. Van Dyk (argued), Gary S. Lincenberg , Thomas R. Freeman , and Ashley D. Bowman , Bird Marella Boxer Wolpert Nessim Drooks Lincenberg & Rhow P.C., Los Angeles, California, for Plaintiff-Counter-Defendant-Appellee and Counter-Defendant-Appellee.

Before: Richard A. Paez and Bridget S. Bade, Circuit Judges, and Eric F. Melgren, District Judge.

OPINION

Is a defendant required to file a new answer reasserting its affirmative defenses when the claim in the amended complaint related to those affirmative defenses remains the same? We hold that the defendant is not.

Defendant Enterprise Services, LLC ("ES") entered into a contract with KST Data, Inc...

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