affirmative defense

Finally, the Ninth Circuit rejected the district court's grant of summary judgment based on acquiescence, an affirmative defense that limits a plaintiff's right to bring suit based on an affirmative act that indicates consent to a defendant's use of a trademark. Acquiescence requires that the defendant prove that it ...

Addressing whether a defendant waived submission of its invalidity counterclaims to a jury by failing to object to the verdict form submitting invalidity as an affirmative defense, the US Court of Appeals for the Federal Circuit affirmed the district court's refusal to enter judgment of invalidity and its dismissal of ...

The doctrine of qualified immunity provides public officials – such as the police – protection from liability in civil suits, on the theory that officials are often making difficult decisions and need freedom to occasionally make errors in the course of carrying out their duties. This affirmative defense is commonly ...

Next, I disagree with the majority's decision to treat sovereign immunity like an affirmative defense. Specifically, the majority states that “[a]lthough sovereign immunity certainly has jurisdictional qualities, this court historically has treated it like an affirmative defense that must be preserved. Following the ...

... Department of Labor's (DOL) Wage and Hour Division (WHD), in favor of more broadly applicable “Administrator's Interpretations” (AI). Employer groups weren't happy, as opinion letters could serve as a complete affirmative defense in litigation involving, among other laws, the Fair Labor Standards Act.

“For further answer and as an affirmative defense, defendant submits that Timothy Sanders was negligent or at fault,” the answer alleges. And that the negligence or fault of Sanders either bars him from recovery, or, in the alternative, reduces the amount of damages, if any, to which the plaintiff would be ...

Holding: Our Supreme Court has held that a litigant may waive the affirmative defense that a bank unlawfully required a wife to guarantee her husband's loan. Therefore, the existence of this allegedly meritorious defense is not a basis to set aside the trial court's judgment, which was entered in accordance ...

Patients will have a certificate that provides them an affirmative defense in the event of an arrest for being in possession of the cannabis oil. The affirmative defense will go into effect immediately. “Virginia hasn't legalized medical cannabis. It's not technically legal, but if someone was arrested for possession ...

By asserting that a contractor's employee's own fault contributed to her slip-and-fall, Appellant Dominion Nuclear Connecticut triggered its indemnity agreement with the contractor, Appellee Securitas Security Services USA, the high court held. Jennifer Brandenburg, a Securitas employee, allegedly slipped ...