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An affirmative defense to a civil lawsuit or criminal charge is a fact or set of facts other than ... waiver, and other affirmative defenses such as, in the ...
Equitable defenses are usually affirmative defenses asking the court to excuse an act because the party bringing the cause of action has acted in some inequitable way. . Traditionally equitable defenses were only available at the Court of Equity and not available at
In the absence of this waiver of sovereign immunity, injured parties would generally have been left without an effective remedy. See Brandon v. Holt. [29] Under the abrogation doctrine, while Congress cannot use its Article I powers to subject states to lawsuits in either federal courts, Seminole Tribe v.
In common-law legal systems, laches (/ ˈ l æ tʃ ɪ z / LAT-chiz, / ˈ l eɪ-/; Law French: remissness, dilatoriness, from Old French: laschesse) is a lack of diligence and activity in making a legal claim, or moving forward with legal enforcement of a right, particularly in regard to equity.
In Campbell v.General Dynamics Gov't Sys. Corp., 407 F.3d 546 (1st Cir. 2005), [1] the First Circuit had to consider the enforceability of a mandatory arbitration agreement, contained in a dispute resolution policy linked to an e-mailed company-wide announcement, insofar as it applies to employment discrimination claims brought under the Americans with Disabilities Act.
Assumption of risk is a defense, specifically an affirmative defense, in the law of torts, which bars or reduces a plaintiff's right to recovery against a negligent tortfeasor if the defendant can demonstrate that the plaintiff voluntarily and knowingly assumed the risks at issue inherent to the dangerous activity in which the plaintiff was participating at the time of their injury.
In the case of Insurance Corp. of Ireland v.Compagnie des Bauxites de Guinee, 456 U.S. 694 (1982) the United States Supreme Court decided that when a court orders a party to produce proof on a certain point, and that party refuses to comply with the court's order, the court may deem that refusal to be a waiver of the right to contest that point and assume that the proof would show whatever the ...
It is held that a state can waive its immunity by voluntarily stating so, but that should a government intervene in a suit (e.g. to make protests), it should not be viewed as waiver of immunity. [15] Chinese state-owned companies considered instrumental to the state have claimed sovereign immunity in lawsuits brought against them in foreign ...