6 Rhode Island opinions name it 2 courts 1980–2019 0 in the last five years
The cases below were cited by Rhode Island 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.
| Case | Followed | Cited |
|---|---|---|
Duquette v. Godboutgreen2 sentences1992Rule 8(c) of the Superior Court Rules of Civil Procedure specifically mandates that “[i]n pleading to a preceding pleading, a party shall set forth affirmatively * * * statute of frauds * * * and any other matter constituting an avoidance or affirmative defense.” This court considers that “[t]his is a mandatory provision; *328 failure to plead an affirmative defense results in its waiver.” Duquette v. Godbout, 416 A.2d 669, 670 (R.I.1980). 1985Rule 8(c) provides that “a party shall set forth affirmatively * * * statute of limitations * * * and any other matter constituting an avoidance or affirmative defense.” We have held in Duquette v. Godbout, R.I., 416 A.2d 669, 670 (1980), that this is a mandatory provision and that failure to plead an affirmative defense results in its waiver. | 2 | 2 |
Kai Jakobsen v. Massachusetts Port Authoritygreen2 sentences1985Jakobsen v. Massachusetts Port Authority, 520 F.2d 810, 813 (1st Cir.1975); 1 Kent, R.I.Civ. 1980Jakobsen v. Massachusetts Port Authority, 520 F.2d 810, 813 (1st Cir. 1975); 1 Kent, R.I.Civ.Prac. § 8.6 at 87 (1969). | 2 | 2 |
Soprano v. American Hardware Mutual Insurancegreen1 sentence2017Rule 8(c) of the Superior Court Rules of Civil Procedure provides that, “[i]n pleading to a preceding pleading, a party shall set forth affirmatively * * * arbitration and award * * * and any other matter constituting an avoidance or affirmative defense.” It has been our consistent holding that arbitration is an affirmative defense and that “a defending party seeking arbitration must specifically plead the right to arbitrate in its answer or the defense will be deemed waived.” Soprano v. American Hardware Mutual Insurance Co., 491 A.2d 1008, 1010 (R.I. 1985); see also Associated Bonded Constru | 1 | 1 |
Associated Bonded Construction Co. v. Griffin Corp.green2 sentences2017Moreover, we have stated that “a defending party who fails to plead an affirmative defense, thereby waiving it, may not later move to dismiss the opponent’s complaint under [Rule 12 of the Superior Court Rules of Civil Procedure], using that waived affirmative defense as a basis for dismissal.” Associated Bonded Construction Co., 438 A.2d at 1091 . 2017Rule 8(c) of the Superior Court Rules of Civil Procedure provides that, “[i]n pleading to a preceding pleading, a party shall set forth affirmatively * * * arbitration and award * * * and any other matter constituting an avoidance or affirmative defense.” It has been our consistent holding that arbitration is an affirmative defense and that “a defending party seeking arbitration must specifically plead the right to arbitrate in its answer or the defense will be deemed waived.” Soprano v. American Hardware Mutual Insurance Co., 491 A.2d 1008, 1010 (R.I. 1985); see also Associated Bonded Constru | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Rhode Island. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Direct Action for Rights and Equality v. Gannon
green
1 sentence2019Nonetheless, in its appellate brief, Christy's argues that one should read this Court's opinion in Direct Action for Rights and Equality v. Gannon , 713 A.2d 218 (R.I. 1998), as supportive of its contention that Rules 8(c) and 12(h) mean that standing "may be waived if not properly pled in the answer." In our view, however, Christy's reads this Court's opinion in Direct Action far too broadly. | 1 | 2019–2019 |
Rhode Island Hospital Trust National Bank v. De Beru
green
1 sentence2005Rhode Island Hospital Trust Nat'l Bank v. DeBeru, 553 A.2d 544 , 547 (R.I. 1989). | 1 | 2005–2005 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.