Clark County School District v. Richardson Construction, Inc.

How courts have described this case

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

• holding that ERISA’s preemption of state contract claims in a benefits-due action is an affirmative defense subject to waiver
• holding that, in a tort action, a defense asserting third-party culpability was not a true affirmative defense because it merely sought to negate an essential element of the plaintiffs claims
• explaining that a party on appeal is prevented from raising an argument regarding a district court error that \the party induced or provoked the court or the opposite party to commit\
• stating an affirmative defense raises “new facts and arguments that, if true, will defeat the plaintiffs ... claim, even if all allegations in the complaint are true”
• stating causation is an essential element of a tort claim
• causation is an essential element of a claim for breach of contract, and, if the damage which the promisee seeks would not have been avoided by the promisor's not breaking his promise, then the breach cannot give rise to damages

Source: CourtListener parenthetical corpus (CC0).