· 10/15/1870
United States v. Sixty-Four Barrels Distilled Spirits
Citations
- 27 F. Cas. 1118
- 3 Cliff. 308
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that employer bears the burden to prove one or more of “the permissible grounds for discharge set forth in [V.I. Code Ann. tit. 24, § 76(a)-(c) as] affirmative defenses” (quoting Rennie, 62 V.I. at 543)
- finding an abuse of discretion in denying leave to amend due to incorrect legal interpretation
- “[A] plaintiff is ‘not required to anticipate in his complaint any affirmative defenses [the defendant] might raise in its answer.””
- defendant is required to “plead and prove” affirmative defenses, which “must be raised by a defendant in its answer”
- “Inasmuch as the VIWDA creates a statutory presumption that an employment discharge is wrongful, requiring a plaintiff to specifically plead and prove that he was wrongfully discharged (as opposed to simply discharged
- plaintiff not required to anticipate affirmative defenses in the complaint
Source: CourtListener parenthetical corpus (CC0).
Judges: Clifford
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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