Helpful Hints
  • (1) You can search the entire content of Dean’s by phrase or by individual words. Just type your keywords into the search box and then pull down the search icon on the right and choose the option you need: search by word or by phrase or reset the content.
  • (2) Double click on a word in the content of a definition, and if the word is listed as a keyword in Dean’s, it will look that word up.
  • (3) You can use the search function to help jump the scrolling function. Simply type the first 2-3 letters into the search box then hit enter on your keyboard and the scroll will go to those Keywords that begin with those letters and allow you to scroll from there.

Rule 8(c) establishes the requirement that all affirmative defenses be pleaded and establishes a non-exhaustive list of what defenses fall within the scope of that pleading requirement: In pleading to a preceding pleading, a party shall set forth affirmatively accord and satisfaction, arbitration and award, assumption of risk, contributory negligence, discharge in bankruptcy, duress, estoppel, failure of consideration, fraud, illegality, injury by fellow servant, laches, license, payment, release, res judicata, statute of limitations, waiver, and any other matter constituting an avoidance or affirmative defense. FED. R. CIV. P. 8(c) (emphasis added); see also Sayre v. Musicland Group, Inc., 850 F.2d 350, 353 (8th Cir. 1988) (noting that there are nineteen enumerated affirmative defenses, but that the list is 'non-exhaustive,' as it also includes 'any other matter constituting an avoidance or affirmative defense'); accord Brunswick Leasing Corp. v. Wisconsin Central, Ltd., 136 F.3d 521, 530 (7th Cir. 1998) ('Fed. R. Civ. P. 8(c) provides that 'a party shall set forth affirmatively [various enumerated defenses] and any other matter constituting an avoidance or affirmative defense,'' with emphasis supplied by that court). Thus, an affirmative defense within the meaning of Rule 8(c) must ''generally be pled or else [it] may ...

Register or login to access full content



Professors
Professionals
Students