Osuna v. Wal-Mart Stores, Inc.

How courts have described this case

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

• assuming that defendant who fails to plead statute of limitations “does not desire its protection” (quoting Trujillo v. Trujillo, 75 Ariz. 146, 148 (1953))
• where appellant voluntarily dismissed all claims without prejudice and abandoned rights to refile action, claims she consented to dismiss were precluded
• where appellant voluntarily dismissed all claims without prejudice and abandoned rights to refile action, claims she consented to dismiss were precluded
• “The statute of limitations . . . is not jurisdictional. Thus, if a party fails to raise it as an affirmative defense, it is waived.”

Source: CourtListener parenthetical corpus (CC0).