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Self-defense , entrapment , insanity , necessity , and respondeat superior are some examples of affirmative defenses. Under the Federal Rules of Civil Procedure Rule 56 , any party may make a motion for summary judgment on an affirmative defense.
On the defense side, dont forget about any affirmative defenses, such as: undue hardship; undue burden; fundamental alteration; readily achievable, etc.
Description. In an affirmative defense, the defendant may concede that they committed the alleged acts, but they prove other facts which, under the law, either justify or excuse their otherwise wrongful actions, or otherwise overcomes the plaintiffs claim.
The affirmative defense requires a showing 1) that the employer exercised reasonable care to avoid harassment and to eliminate it when it might occur, and 2) that the complaining employee failed to act with reasonable care to take advantage of the employers safeguards and otherwise to prevent harm that could have
Rule 11 requires that you have a good faith basis for believing an affirmative defense actually applies before pleading it, and in discovery you will likely need to respond to an interrogatory identifying all factual bases for every affirmative defense you plead.
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There are many eq- uitable affirmative defenses to injunctive relief, such as laches, prematurity, and unclean hands. In most cases in which injunctions are denied, it is for the moving partys failure to satisfy its burden of proof.

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