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· 7/16/2010

Standard Waste Systems Ltd. v. Mid-Continent Casualty Co.

Citations

  • 612 F.3d 394
  • 2010 U.S. App. LEXIS 14609
  • 2010 WL 2793537

How courts have described this case

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

  • finding that a defendant did not waive an affirmative defense it failed to plead because it asserted the affirmative defense in the parties’ joint status report and in denial letters sent to the plaintiff
  • excusing failure to plead affirmative defense because there was no unfair surprise or prejudice to opposing party
  • excusing the failure to plead an affirmative defense because it did not result in unfair surprise or prejudice to the opposing party
  • finding the failure to plead an affirmative defense did not result in unfair surprise when defendant expressly mentioned it in denial .letters, a joint status report, and the expert witness designation list

Source: CourtListener parenthetical corpus (CC0).

Judges: Dennis, Owen, Southwick

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.