Ward v. United States, 485 U.S. 992 (1988). · Go Syfert
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Ward v. United States, 485 U.S. 992 (1988). Cases Citing This Book View Copy Cite
38 citation events (9 in the last 25 years) across 20 distinct courts.
Strongest positive: Westfarm Associates Limited Partnership v. Washington Suburban Sanitary Commission (ca3, 1995-09-27) · Strongest negative: Sherman Simon, Jr., Individually and as Next Friend of His Minor Children, Peter Darnell Simon and Keenan Simon, Etc. v. United States (ca5, 1990-01-16)
Treatment trajectory · 1990 → 2026 · click a year to view as-of
1990 2008 2026
Top citers, strongest first. 5 distinct citers. How cited ↗
discussed Cited "but see" Sherman Simon, Jr., Individually and as Next Friend of His Minor Children, Peter Darnell Simon and Keenan Simon, Etc. v. United States
5th Cir. · 1990 · signal: but cf. · confidence high
But cf. Taylor v. United States, 821 F.2d 1428, 1433 (9th Cir.1987), cert. denied, 485 U.S. 992 , 108 S.Ct. 1300 , 99 L.Ed.2d 510 (1988) (California statutory limitation on noneconomic damages in actions based on professional negligence “is a limitation of damages rather than an affirmative defense”). 2 *1157 Our precedent in Ingraham regarding the Texas statute compels the conclusion that the Louisiana limitation is also an affirmative defense because it is an “avoidance” within the meaning of Rule 8(c).
discussed Cited as authority (rule) Westfarm Associates Limited Partnership v. Washington Suburban Sanitary Commission
3rd Cir. · 1995 · confidence medium
And in Jakobsen v. Massachusetts Port Authority, 520 F.2d 810, 813 (1975), the First Circuit held that a statutory limitation on liability is an affirmative defense under Rule 8(c). 102 Taylor II, 485 U.S. at 992-93, 108 S.Ct. at 1301 (White, J., dissenting from denial of certiorari).
cited Cited as authority (rule) Westfarm Associates Ltd. Partnership v. Washington Suburban Sanitary Commission
4th Cir. · 1995 · confidence medium
Taylor II, 485 U.S. at 992-93, 108 S.Ct. at 1301 (White, J., dissenting from denial of certiorari).
discussed Cited "see, e.g." Racher v. Westlake Nursing Home Ltd. Partnership (2×)
10th Cir. · 2017 · signal: compare · confidence low
Compare Jakobsen v. Mass. Port Auth., 520 F.2d 810, 813 (1st Cir. 1975) (holding that a state damage cap was an affirmative defense under Rule 8), and Simon v. United States, 891 F.2d 1154, 1157 (5th Cir. 1990) (same), with Taylor v. United States, 821 F.2d 1428, 1432-33 (9th Cir. 1987), cert denied, 485 U.S. 992 , 108 S.Ct. 1300 , 99 L.Ed.2d 510 (1988) (looking to substantive state law and concluding that a state statute’s damage cap was a “limitation of damages” rather than an affirmative defense); see also Taylor v. United States, 485 U.S. 992 , 992-93, 108 S.Ct. 1300 , 99 L.Ed.2d 510…
discussed Cited "see, e.g." Cobalt Multifamily Investors I, LLC v. Arden
S.D.N.Y. · 2011 · signal: see, e.g. · confidence low
See, e.g., Taylor v. United States, 485 U.S. 992 , 992, 108 S.Ct. 1300 , 99 L.Ed.2d 510 (1988) (“Any matter ‘constituting an avoidance or affirmative defense’ ... must be pleaded in a timely manner or it is deemed to be waived”); Butler v. Catinella, 58 A.D.3d 145, 150 , 868 N.Y.S.2d 101, 106 (2d Dep’t 2008) (“Affirmative defenses ... as a general rule, would be deemed waived if not raised in the pleadings”).
Retrieving the full opinion text from the archive…
Ward
v.
United States
No. 87-6563.
Supreme Court of the United States.
Apr 4, 1988.
485 U.S. 992
Published

C. A. 6th Cir. Certiorari denied.