This court is aware of the Court of Appeals for the Armed Forces cases interpreting the statutory burden shift for Article 120, UCMJ, affirmative defenses
However, the D'Oench Duhme doctrine is broader than such statutes because it operates not only against affirmative claims, but also against defenses and affirmative defenses
raised against the enforcement of a loan by a borrower and/or guarantor.
In their answers to the suit, filed May 16, Mack Trucks and Ballard Mack Sales & Service denied the allegations and raised 13 affirmative defenses
, including assertions that the suit was barred by the statute of limitations and that Mr.
District courts remain divided on whether Iqbal also applies to affirmative defenses
The motion was filed "largely to remove affirmative defenses
based on the prefailure actions of the NCUA as regulator-affirmative defenses
that have repeatedly been held legally insufficient," per the paperwork filed by NCUA's lawyers.
65) The case was a residential mortgage foreclosure action, where the defendant homeowner served an answer to the plaintiffs complaint alleging five affirmative defenses
68) Were fair use like the affirmative defenses
listed above, then the principles of fair use articulated in Folsom would have been mere dicta to Justice Story's holding, for he found that the defendant had infringed.
procedural aspects of the use of affirmative defenses
15) Attorneys for the employer will almost certainly deny allegations of wrongdoing, but might also consider asserting affirmative defenses
, counterclaims, and even bringing a separate cause of action against the employee.
However, the law allows for affirmative defenses
that can defeat, in whole or in part, a malpractice action even if the evidence satisfies all four elements.
Of course, this proposal lacks a lot of details that would have to be worked out--this has occurred with other affirmative defenses
Universal fought back by raising affirmative defenses
that Lenz had bad faith and unclean hands in pursuing damages.