waived affirmative defense (Alabama) · Go Syfert
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waived affirmative defense in Alabama

5 Alabama opinions name it 2 courts 1984–2008 0 in the last five years

The cases below were cited by Alabama 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 (1)

CaseFollowedCited
Funding Systems Leasing Corporation v. Garland B. Pugh, Sr., Individually and D/B/A Georgia Tractor and Equipment Companygreen
ca5 · 1976 · cited in 5 Alabama opinions naming this issue, 1984–2008
2 sentences

2008Leasing Corp. v. Pugh, 530 F.2d 91, 96 (5th Cir.1976) ("a defendant 'cannot revive [the waived affirmative defense] in a memorandum in support of a motion for summary judgment' ")).

2008Leasing Corp. v. Pugh, 530 F.2d 91, 96 (5th Cir.1976) ("a defendant 'cannot revive [the waived affirmative defense] in a memorandum in support of a motion for summary judgment'")).

35

Distinguished, questioned or overruled (0)

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

Also cited on this issue (1)

CaseCitedYears
Wallace v. ALA. ASS'N OF CLASS. SCHOOL EMP. green
ala · 1984
1 sentence

2006But, specifically, a defendant `cannot revive [the waived affirmative defense] in a memorandum in support of a motion for summary judgment' Funding Systems Leasing Corp. v. Pugh, 530 F.2d 91 , 96 (5th Cir.1976)." *Page 847 Wallace v. Alabama Ass'n of Classified School Employees, 463 So.2d 135 , 136-37 (Ala. 1984) (emphasis added).

12006–2006

Where else courts name it

AL 5 (1984–2008) NY 2 (2025–2025)

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.

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