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· 9/29/1989

William H. Grant v. Preferred Research, Inc., a Georgia Corporation

Citations

  • 885 F.2d 795
  • 15 Fed. R. Serv. 3d 503
  • 1989 U.S. App. LEXIS 15326
  • 1989 WL 108471

How courts have described this case

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

  • holding that the defendant did not waive an affirmative defense despite first raising it in a motion for summary judgment one month before trial
  • holding that the district court did not err by addressing the merits of the defendant’s statute of limitations defense, even though defendant failed to plead it as required by Rule 8(c
  • stating that where a plaintiff received notice of an affirmative defense by some means other than pleadings the defendant’s failure to comply with Rule 8(c) does not prejudice the plaintiff
  • finding no error where the district court considered an affirmative defense first raised in a motion for summary judgment filed one month before trial
  • finding no prejudice when the defense was asserted for the first time in a summary judgment motion one month before trial
  • finding no prejudice when the defense was asserted for the first time in a summary judgment motion one month before trial

Source: CourtListener parenthetical corpus (CC0).

Judges: Roney, Johnson, Melton

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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.