Lafreniere Park Foundation v. Broussard

How courts have described this case

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

• concluding that a res judicata defense that was never pled in an answer and was only raised in a motion for summary judgment was not waived because the opposing party filed three opposition memoranda seeking to defeat the defense on the merits
• finding that it was sufficient for a party to raise a defense in a motion for summary judgment as long as it was raised at a “pragmatically sufficient time” and the other party “was not prejudiced”
• allowing defendants to raise affirmative defense at summary judgment, in part because plaintiff had multiple opportunities to brief the issue
• noting Louisiana’s res judicata statute “is modeled on the federal doctrine”
• allowing defendants to raise the affirmative defense at summary judgment because 1
• unpleaded affirmative defense was appropriate to consider at the summary-judgment stage when both parties had a chance to brief the issue

Source: CourtListener parenthetical corpus (CC0).