Texas Gulf Sulphur Company v. Robles

How courts have described this case

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

• stating “[t]he failure to raise [an affirmative] defense was a waiver and results in its removal from the case, and further cannot be raised on appeal[.]”
• An affirmative defense is “a direct or implicit admission of plaintiff’s claim and assertion of other facts which would defeat a right to recovery * * *.”
• An affirmative defense is “a direct or implicit admission of plaintiffs claim and assertion of other facts which would defeat a right to recovery * * *.”
• An affirmative defense is \a direct or implicit admission of plaintiff's claim and assertion of other facts which would defeat a right to recovery * * *.\
• “A general and almost universal identifying criterion of an affirmative defense is one in avoidance, or stated alternatively a direct or implicit admission of plaintiff’s claim and assertion of other facts which would defeat a right to recovery.”

Source: CourtListener parenthetical corpus (CC0).