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affirmative defense
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More than 10.000 documents for affirmative defense
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In the Fiscal Year 1998 Defense Authorization Act,5 Congress encouraged the DoD to recover environmental cleanup costs by requiring that the DoD determine what potential affirmative cost recovery sites were located on DoD property and the likelihood of obtaining cost recovery on those sites.
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While drafting answers to a complaint, identifying affirmative defenses often has been nothing more than a brainstorming session and a quick run through pleadings forms to be sure that you included all those that may apply. Federal practice has been changing pleading requirements recently, however, and boiler plate affirmative defenses now may have limited value in federal practice.
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CIVIL - R.C. Chapter 2744; recreational user; notice pleading; affirmative defense; non-moving party; governmental function; employee negligence; exception to immunity; judgment on the pleadings.
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The EPA is proposing amendments to the national emissions standards for hazardous air pollutants for Secondary Aluminum Production to address the results of the residual risk and technology review that the EPA is required to conduct by the Clean Air Act. In addition, the EPA is proposing amendments to correct and clarify rule requirements and provisions. These proposed amendments would require emission sources to comply with the emission limits at all times including periods of startup and shutdown; add a definition of affirmative defense; add a requirement to report performance testing through the Electronic Reporting Tool (ERT); add rule provisions allowing owners and operators to change furnace classifications; add rule requirements regarding testing of uncontrolled furnaces; add com...
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The heightened pleading standard established in the Twombly- Iqbal line of cases applies to a defendant's affirmative defenses, a U.S. District Court in Virginia has ruled. The plaintiff filed a complaint alleging retaliation in violation of Title VII and [section]1983 by her employer after she complained about incidents of racial discrimination and intimidation at work. Her employer filed a response, raising a number of affirmative defenses.
