Indemnity Ins. Co. of North America v. Kellas

How courts have described this case

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

• noting that a defendant is not “required to raise all of its affirmative defenses” in its original answer because “the Ninth circuit has liberalized the requirement that defendants must raise affirmative defenses in their initial pleadings”
• noting that a defendant is not “required to raise all of its affirmative defenses” in its original answer because “the Ninth circuit has liberalized the requirement that defendants must raise affirmative defenses in their initial pleadings”
• “conclud[ing that] application of the OTCA notice requirement in Title VII and FMLA claims could ‘burden the exercise of th[ose] federal right[s] [in a way that] is inconsistent in both design and effect with the compensatory aims of’ Title VII and FMLA”
• declining to apply notice provisions of the OTCA to plaintiff’s Title VII claims, noting “the absence of any authority requiring individuals to comply with the notice provisions of the OTCA before bringing claims for violation of Title VII”

Source: CourtListener parenthetical corpus (CC0).