Harris v. Secretary, U.S. Department of Veterans Affairs

How courts have described this case

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

• holding that \a party must first raise its affirmative defenses in a responsive pleading before it can raise them in a dispositive motion\
• holding that an affirmative defense must be raised in a responsive pleading
• explaining that, in deciding whether to allow a party to amend a complaint, courts may consider “undue delay . . ., undue prejudice to the opposing party . . ., [and] futility of amendment”
• finding the rationale of Blonder-Tongue also applicable to the pleading of the enumerated affirmative defense of statute of limitations
• disagreeing with the majority approach and holding that the approach alters the structure dictated by Rules 8(c) and 15(a) by relieving parties of the need to request amendment and by promoting strategic behavior
• discussing the pleading requirement for the enumerated affirmative defense of statute of limitations

Source: CourtListener parenthetical corpus (CC0).