Brown v. Toscano

How courts have described this case

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

• finding that the advice of counsel defense was not waived by failing to plead it in the answer, and noting that “even were advice of counsel an affirmative defense within the meaning of Rule 8(c), Defendants could seek leave of court to amend their answer.”
• “An unreasonable delay in a case’s resolution amounts to prejudice to the one opposing separation.” (cleaned up)
• “Defendants have not waived the advice of counsel defense by failing to plead it in their answer.”
• “The Court finds that bifurcation of the infringement issue and the proposed stay of all other discovery would only add unnecessary delay to a case that has already been pending for more than two years.”

Source: CourtListener parenthetical corpus (CC0).