Sentences with phrase «affirmative defenses»

If your spouse wants to contest your grounds, she can can present affirmative defenses at trial.

However, pay differentials are permitted when they are based on affirmative defenses like seniority, merit, quality of production, or any factor other than sex, but it is the employer's burden to prove when these defenses apply.

In appropriate cases, affirmative defenses, such as contributory negligence, etc., may also be raised by a defendant.

The employer also didn't plead its fraud - dependent affirmative defenses with sufficient particularity.

The Supreme Court's second area of focus in Part III of Dukes involved the statutory affirmative defenses in the anti-discrimination statute Title VII.

The Court then scrutinized the unique manageability issues inherent in the affirmative defenses likely to arise in misclassification cases:

As those affirmative defenses required individualized evidence, Dukes disapproved a «Trial by Formula» of Wal — Mart's affirmative defenses because it prevented Wal — Mart from offering its individualized evidence.

Because the affirmative defenses were statutory, Dukes concluded a class proceeding could not deprive Wal — Mart of its right to present those defenses.

Through the use of the Closing the Gap website and Law Help Interactive software developed by Pro Bono Net, the pro bono attorney is able to interview the rural client in a virtual interview and draft pro se pleadings that will allow the client to be suited with affirmative defenses in court.

Topics: implied waiver, course of performance, estoppel and waiver as affirmative defenses, late rent payment

Most of those reversals were due to the fact that for a plaintiff to obtain summary judgment, it must conclusively refute all of the defendant's affirmative defenses.

Practical advice is provided to cost - effectively manage your claims through affirmative defenses, compensability analysis, medical management / IMEs, investigation and other proven techniques.

Common «legalese» will be made comprehensible and experts will learn the procedural and substantive laws which impact them and govern legal disputes including: civil procedure, discovery, trial practice, causes of action, affirmative defenses, evidence, contracts, negligence, Daubert / Frye and the legal rules and concepts most relevant to expert witnessing.

The defendant can also claim or alleged, as the lawyers like to call it, that certain Affirmative Defenses apply.

Legal experts and health care professionals are eager to see what standards are relied on in this case and whether there will be any» «new or interesting legal frameworks with respect to affirmative defenses for physicians.»»

Be sure to see the LegalYou video on Affirmative Defenses to learn more about these.

The heading here could be anything: affirmative defenses in an answer, articles in a contract, etc..

For our example, let's do headers for affirmative defenses that say «First Affirmative Defense», «Second Affirmative Defense», etc..

What affirmative defenses will be available to the defendant and what is the likelihood that the defendant will prevail on those affirmative defenses?

With the personal injury claim, the defense might raise affirmative defenses.

One of the largest affirmative defenses is the statute of limitations and if an individual breaches the statute of limitations, there is really not much an attorney can do for you.

A personal injury lawyer has many ways to get around affirmative defenses.

«This cause came on for final hearing before the court upon the plaintiff wife's second amended complaint for separate maintenance (alimony unconnected with the causes of divorce), the defendant husband's answer and counterclaim for divorce on grounds of extreme cruelty and adultery, and the wife's answer thereto setting up certain affirmative defenses...»

Defendant denied these allegations and raised a number of affirmative defenses.

Due to the exploration of affirmative defenses in corporate crime, it is important not to be restricting in criminal law theory, and do in - depth research into the subsidiary areas of law (tax, competition, environmental law, etc.) involved.

In a defamation lawsuit, the defendant can plead consent and privilege as affirmative defenses.

A defendant may need help with the answer and any affirmative defenses.

He also asserted various affirmative defenses, including that any losses the plaintiffs suffered were due to their own negligence.

So Dear Author and Jane both plead affirmative defenses.

On remand, the District Court and Second Circuit rejected the counties» affirmative defenses and awarded money damages.

The Kelleys have filed a series of «affirmative defenses» in the foreclosure case since the bank filed suit in 2010.

But even in states that do implement pay equity laws, there are exceptions, including affirmative defenses that can negate an employer's liability.