Rehberger v. Project Plumbing Co., Inc.

How courts have described this case

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

• noting that the failure to plead an affirmative defense, such as the statute of limitations, constitutes a waiver of that defense
• noting that the failure to plead an affirmative defense, such as the statute of limitations, constitutes a waiver of that defense
• holding court would not review issue presented to, but not passed on by district court, noting “[t]his is especially true in a case * * * where the facts * * ⅜ are in dispute” (citation omitted)
• rejecting statute of limitation defense because defendant failed to plead and trial court never considered defense
• “A failure to plead an affirmative defense, without later amendment of the pleading, waives the defense.”

Source: CourtListener parenthetical corpus (CC0).