party preserves an affirmative defense (Arizona) · Go Syfert
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party preserves an affirmative defense in Arizona

6 Arizona opinions name it 2 courts 2009–2025 1 in the last five years

The cases below were cited by Arizona courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (4)

CaseFollowedCited
City of Phoenix v. Fieldsgreen
ariz · 2009 · cited in 2 Arizona opinions naming this issue, 2010–2025
2 sentences

2025Cf. City of Phoenix v. Fields, 219 Ariz. 568 , 574 ¶ 29 (2009) (“Even when a party preserves an affirmative defense in an answer or a Rule 12(b) motion, . . . it may waive that defense by its subsequent conduct in the litigation.”).

2010See City of Phoenix v. Fields, 219 Ariz. 568, 574, ¶ 29 , 201 P.3d 529, 535 (2009) (“Even when a party preserves an affirmative defense in an answer or a Rule 12(b) motion, however, it may waive that defense by its subsequent conduct in the litigation____This rule applies to the notice of claim statute defense.” (citation omitted)); County of La Paz v. Yakima Compost Co., 224 Ariz. 590, 597, ¶ 8 , 233 P.3d 1169, 1176 (App.2010).

22
Jones v. Cochise Countygreen
arizctapp · 2008 · cited in 2 Arizona opinions naming this issue, 2010–2010
2 sentences

2010Even when a party preserves an affirmative defense in its answer, however, “it may waive that defense by its subsequent conduct in the litigation.” Id. ¶ 29; see also Jones v. Cochise County, 218 Ariz. 372, ¶ 29 , 187 P.3d 97, 106 (App.2008) (finding county waived notice of claim defense as matter of law by its significant participation in litigation).

2010Even when a party preserves an affirmative defense in its answer, however, “it may waive that defense by its subsequent conduct in the litigation.” Id. ¶ 29; see also Jones v. Cochise County, 218 Ariz. 372, ¶ 29 , 187 P.3d 97, 106 (App.2008) (finding county waived notice of claim defense as matter of law by its significant participation in litigation).

22
Continental Bank v. Meyergreen
ca7 · 1993 · cited in 2 Arizona opinions naming this issue, 2009–2009
2 sentences

2009See, e.g., Cont’l Bank v. Meyer, 10 F.3d 1293 , 1296-97 (7th Cir.1993) (finding waiver of personal jurisdiction defense timely raised in answer after party fully participated in merits of litigation for more than two- and-one-half years without actively contesting personal jurisdiction).

2009See, e.g., Cont'l Bank v. Meyer, 10 F.3d 1293 , 1296-97 (7th Cir.1993) (finding waiver of personal jurisdiction defense timely raised in answer after party fully participated in merits of litigation for more than two-and-one-half years without actively contesting personal jurisdiction).

22
County of La Paz v. Yakima Compost Co.green
arizctapp · 2010 · cited in 1 Arizona opinions naming this issue, 2010–2010
2 sentences

2010See City of Phoenix v. Fields, 219 Ariz. 568, 574, ¶ 29 , 201 P.3d 529, 535 (2009) (“Even when a party preserves an affirmative defense in an answer or a Rule 12(b) motion, however, it may waive that defense by its subsequent conduct in the litigation____This rule applies to the notice of claim statute defense.” (citation omitted)); County of La Paz v. Yakima Compost Co., 224 Ariz. 590, 597, ¶ 8 , 233 P.3d 1169, 1176 (App.2010).

2010See City of Phoenix v. Fields, 219 Ariz. 568, 574, ¶ 29 , 201 P.3d 529, 535 (2009) (“Even when a party preserves an affirmative defense in an answer or a Rule 12(b) motion, however, it may waive that defense by its subsequent conduct in the litigation____This rule applies to the notice of claim statute defense.” (citation omitted)); County of La Paz v. Yakima Compost Co., 224 Ariz. 590, 597, ¶ 8 , 233 P.3d 1169, 1176 (App.2010).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Arizona. Read the followed side critically anyway.

Statutes the citing opinions construe

AZ § Ariz. Rev. Stat. § 12-821.01 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

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