Gilberto Rivera, Nicholas Alberto, Luis Navarro, Jose Garcia, Hector Garcia, Pablo Galindo, Socorro Mendivil, Rogelio Casares v. Joe Anaya

How courts have described this case

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

• allowing a defendant to raise a statute of limitations defense for the first time on motion for summary judgment when the plaintiff failed to demonstrate prejudice
• affirming district court’s grant of partial summary judgment wherein the defendant’s “failure to raise the statute of limitations as a defense in response to the first pleading did not serve to waive his right to raise it later absent prejudice to plaintiffs”
• absent prejudice to the plaintiff, a defendant may raise an affirmative defense in a motion for summary judgment for the first time-, no prejudice shown
• defendant did not waive defense of statute of limitations by failing to include it in his initial pleading because plaintiff had not claimed any prejudice
• “[A]bsent prejudice to the plaintiff, a defendant may raise an affirmative defense in a motion for summary judgment for the first time”
• implying Ohio Rev.Code § 2305.07 is appropriate for AWPA claims

Source: CourtListener parenthetical corpus (CC0).