Foremost-McKesson Corp. v. Allied Chemical Co.

How courts have described this case

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

• “Although no formal denial of the motion appears in the record, we presume it was denied by the occurrence of the trial and verdict.”
• “A plaintiff in a negligence action cannot be required to affirmatively plead 11 and prove the negative of an affirmative defense, e.g., that it was not contributorily 12 negligent.”
• “A plaintiff in a negligence action cannot be required to affirmatively plead and prove the negative of an affirmative defense, e.g., that it was not contributorily negligent.” (citing Merit Ins. Co. v. Colao, 603 F.2d 654, 659 (7th Cir. 1979))

Source: CourtListener parenthetical corpus (CC0).