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Archive for the ‘Defense’ Category

A demand for mediation or arbitration, contractually stipulated as a means for resolving disputes, is comparable to a filing of a complaint in a civil court

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February 6, 2012 at 3:16 pm

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The doctrine of judicial estoppel may be invoked when a prior inconsistent position was taken in prior proceedings

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February 6, 2012 at 3:03 pm

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Laches arises from the neglect for an unreasonable and unexplained length of time to do what in law should have been done

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January 20, 2012 at 10:54 am

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Judicial estoppel operates to bar a party to a legal proceeding from arguing a position inconsistent with one previously asserted

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January 17, 2012 at 5:45 pm

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The entire controversy doctrine does not compel the litigation of all claims in the same action at the same time when judicial economy would not be served

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January 14, 2012 at 4:20 pm

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Res judicata, or claim preclusion, insulates courts from the inefficiency of relitigating claims that have already been resolved, thereby protecting the integrity of judgments and preventing the harassment of parties

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January 8, 2012 at 10:01 am

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The in pari delicto affirmative defense

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January 8, 2012 at 9:58 am

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The doctrine of equitable tolling has traditionally been applied where the complainant has been induced or tricked by his adversary’s misconduct into allowing the filing deadline to pass

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January 6, 2012 at 1:15 pm

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The doctrine of unclean hands

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January 6, 2012 at 1:10 pm

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Laches is an equitable defense that may be interposed in the absence of the statute of limitations

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January 6, 2012 at 1:08 pm

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