Arthur Davis v. Kay Bryan, Raymond Lopes, Aaron Ment, John D. Brennan and George Bronson

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• finding that a district court should not raise the statute of limitations defense sua sponte if a defendant fails to assert it
• observing that “[i]f a defendant fails to assert the statute of limitations defense, the district court ordinarily should not raise it sua sponte”
• observing a Rule 8(c) affirmative defense “must be asserted in a party’s responsive pleading ‘at the earliest possible moment’ and is a personal defense that is waived if not promptly pleaded”’
• reversible error for court to sua sponte raise affirmative defense of expiration of statute of limitations in deciding motion for summary judgment
• reversible error for court to sua sponte raise affirmative defense of expiration of statute of limitations in deciding motion for summary judgment
• “If a defendant fails to assert the statute of limitations defense, the district court ordinarily should not raise it sua sponte”

Source: CourtListener parenthetical corpus (CC0).