Topic: generally, the court will find a waiver either if (1) the s… · Go Syfert
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Topic #2475

2 canonical passages across 2 cases, quoted by 11 opinions in total. These passages cluster together because the same opinions keep quoting them side by side — they state parts of one doctrine. The anchor passage is from Meyers ex rel. Benzing v. Texas.

#Case FlagCanonical passage Citers
1 Meyers ex rel. Benzing v. Texas Anchor
ca5 · 2005
green “generally, the court will find a waiver either if (1) the state voluntarily invokes federal court jurisdiction, or (2) the state makes a 'clear declaration' that it intends to submit itself to federal court jurisdiction” 6
2 Gober v. Terra + Corporation
ca5 · 1996
green “recoupment is a demand asserted to diminish or extinguish the plaintiff's demand that arises out of the same transaction forming the basis of the plaintiff's claim; setoff, on the other hand, arises out of a transaction extrinsic to the plaintiff's claim.” 5

A red or yellow flag on a member means the underlying case has negative treatment — for those, check the case page before relying on the passage.

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