In May 2014, Malka Silberman (Malka), the wife of one of the Investors, asserted a claim to the Policy, claiming that she was a successor trustee of the Trust. Statutory Interpleader governed by 28U.S.C. Nancy, as grantor, and Nacham Bergman (Nacham), as trustee, thereafter created the N. Bergman Insurance Trust (the Trust) to which Nancy transferred ownership of the Policy. [31] In most states there are statutes or court rules that provide for interpleader similar to the federal rules. Have representative in-house counsel or retained attorney attend all hearings. The reason for limiting the grounds for a motion to dismiss is to cause the defendant to file an Answer with Affirmative Defenses instead of a Motion to Dismiss to have the issues joined so that the case can . Reno, 1335 . There are specific differences between Statutory Interpleader, and Rule Interpleader: In bankruptcy court interpleader under Federal Rules of Civil Procedure 22 may be maintained as an adversary proceeding under Federal Rules of Bankruptcy Procedure 7022. Premium payments for the Policy were allegedly funded by a group of investors (Investors) in exchange for either a portion of the proceeds from the sale of the Policy or Nancys death benefits if she died before the Policy was sold. Rule 8(c) requires that both defenses to liability and defenses that potentially mitigate damages must be set forth in the pleadings. Admitted. You could buy guide Defendant Answer To Complaint Affirmative Defenses And or Universal Citation: 12 OK Stat 12-2022 (2014) INTERPLEADER A. An interpleader action protects the holder of assets (such as a bank account, brokerage account or life insurance policy proceeds) and property when there is a dispute between two or more parties claiming ownership. Impleader - Wikipedia Answering a Complaint or Petition 2008) (Although sanctioned by statute, interpleader is fundamentally an equitable remedy.). That Plaintiffs insured not be discharged from further liability. Answering A Complaint - Going Pro Se Conversely, a negating defense involves attacking one or more elements of the prosecutor's or plaintiff's case. The 2014 amendments have proved to be problematic, in that they now fail to cover a situation where: In February 2018, several High Court enforcement officers asked the Queen's Bench Division for directions as to how to proceed in such circumstances, and the Master ruled that the repeal of Rule 17 had the effect of reviving the equitable form of interpleader proceedings, as the 2007 Act did not expressly abolish the interpleader action itself, and "interpleader statutes are not at all to limit or affect the equitable jurisdiction of the court to entertain an interpleader suit or action."[21][22]. Like its federal counterparts, CPLR 1006(a) enables a stakeholder who faces liability as a result of conflicting claims to an asset, but has no interest in that asset, to commence an interpleader action against the competing claimants, and compel them to litigate the matter among themselves. On June 13, 2014, SPV initiated a breach of contract action against Transamerica to recover the Policy proceeds in the United States District Court for the District of South Dakota (South Dakota Action). P. 10 . The stakeholder must have incurred no independent liability to any claimant, i.e. Affirmative defenseInterpleaderIn action for commission from real estate sale TX-PP 146:14 Texas Jurisprudence Pleading and Practice Forms (Approx. See Noerr-Pennington Doctrine (2009), ABA Section of Antitrust Law, at p.107. 890 (KPF) (S.D.N.Y. The Uniform Commercial Code 7-603 adopted in all 50 of the states of the United States provides that a bailee when more than one person claims title to or possession of the goods under document of title (warehouse receipt or bill of lading) may bring an interpleader as an original action or as a defense to a suit for nondelivery. Court Holds That Filing An Interpleader Complaint Is Not An Actionable California Code of Civil Procedure Section 386 - OneCLE Regardless of how they are styled, the vast majority of these defenses will not apply in any given case, review of the complete list may be an especially helpful tool in brainstorming at the outset of a case. to pursue an interpleader action. Defendant admits the allegations contained in Paragraphs [] of the Complaint. 29, 2018) (citing Bradley v. Kochenash, 44 F.3d 166, 168 (2d Cir. Texas SB1552 2023-2024 Relating to affirmative defenses for a Texas Commission on Environmental Quality enforcement action for unauthorized emission or opacity events. Plaintiffs commenced the action in New York Supreme Court in March 2017. service of process). Admitted. 8(c) requires a party to "set forth affirmatively . Ins. (Ohio Civ. G. Goodnow is licensed in Arizona, Colorado, Illinois, New York and Washington D.C. (inactive) only. Forms 146:14 (2d ed.) All the adverse titles or claims must be dependent or derived from a common source; The stakeholder must not have or claim any interest it the. PDF E-filed 1 S Church Ave #1000 1332(a) or (c), and the value of the property in controversy must be at least $500. This means that the time to bring the cause of action has as a matter of law. Admitted. Many affirmative defenses are listed in Rule 94 of the . Defendant affirmatively alleges that it provided. 2 0 obj On April 16, 2018, Justice Scarpulla of the Supreme Court, New York County, Commercial Division, addressed the foregoing principles in a decision in which the Court declined to hold a stakeholder liable for tortious interference with contract due to the filing of an interpleader action. One day before the auction, the Trust filed a voluntary bankruptcy petition in the Eastern District of New York (Bankruptcy Action). A: Here is a sample answer that can help you out. In the summons and complaint, the title of the action must include the names of all parties. 13388 (CSH), 2008 WL 953619, at *7 (S.D.N.Y. Affirmative Defenses under the 2020 Rules of Civil Procedure - Legisperit and Complaint. (1) By a Plaintiff. See also 4 J. Moore et al., Moores Federal Practice 22.04[1] (3d ed. INTERPLEADER 218 .01 Persons having claims against the plaintiff may be joined as defendants and required to interplead when their claims are such that the plaintiff is or may be exposed to double or multiple liability. Proc., 430.80.) CO the provisions of Rule 85.5 impose no time limit by which the application under that Rule must be made by the creditor or other party claiming an interest. In Section 2 of your Answer, include all affirmative defenses that you may have. The claims made in the Complaint are barred, in whole or in part, because Google is not liable for the acts of others over whom it has no control. 602-ARIZONA (602-274-9662) AZ An interpleader action, therefore, enables the stakeholder to turn the dispute over to a court. In some jurisdictions, the res will earn interest at the legal rate until disbursed. That the Court grant such other and further orders as appropriate and just. affirmative defense. 12-2022. Interpleader. :: 2014 Oklahoma Statutes - Justia Law Rule 22.01: Generally. | Tennessee Administrative Office of the Courts California may have more current or accurate information. In many cases, an interpleader action arises due to an individual receiving settlement funds meant for the payment of multiple bills. As the vast majority of these affirmative defenses will not apply to any given case, ensure you don't just plead this entire laundry list - this list is intended as a brainstorming tool. This blog will focus on the use of Interpleader Actions for escrow binder disputes in Florida. In pleading to a preceding pleading, a party shall set forth affirmatively accord and satisfaction, arbitration and award, assumption of risk, contributory negligence, discharge in bankruptcy, duress, estoppel, failure of consideration, fraud, illegality, injury by fellow servant, laches, license, payment, release, res judicata, statute of As an eleventh, separate, and affirmative defense to the unverified Complaint on file herein, these answering Defendants allege that at all times material herein, Plaintiff failed and neglected to mitigate his damages so as to reduce and/or diminish his claim. Disclaimer: The information and forms on this site are for illustrative purposes only. Protecting the Rights of Healthcare Providers in Interpleader Actions. Subsequent development in England and Wales, Different types of interpleader in U.S. federal practice, sfn error: no target: CITEREFMaclennan1905 (, RSC Order 17 Rule 3 (4) and CCR Order 33 Rule 6 (4). Because of the competing claims to the Policy proceeds, Transamerica refused to distribute the proceeds. The Leading Law Firm In The Nation For ADA Legal Defense, On Behalf of The Karlin Law Firm LLP | Jun 29, 2012 | Real Estate Disputes |. PDF ANSWER AND AFFIRMATIVE DEFENSES Parties and Jurisdiction - Pasco Trails If the defendant does not include affirmative defenses in the answer, the defense is deemed waived and may not be raised at trial. Interpleader - Wikipedia The key is that the claim[ ] for relief . What follows is a some free legal information regarding the above titled matter for educational and discussion purposes only. TWENTY-THIRD AFFIRMATIVE DEFENSE (Actions of Others) 158. In certain cases, the defendant can either deny that a criminal element(s) exists or simply sit back and wait for the prosecution to . P. 8.03). M. Lamber is licensed in Arizona, Colorado, Illinois and New York only. 4. In many cases, an interpleader action arises due to an individual receiving settlement funds meant for the payment of multiple bills. District Attorney of N.Y. County v. The Republic of The Philippines, No. Defendant is informed and believes and, based thereon, alleges that Plaintiff has engaged in conduct and actions to constitute a novation concerning the obligations, conduct, or acts at issue in the Complaint, barring recovery from Defendant. The applicant or interpleading party may join as a defendant in such action any other party against whom claims are made by one or more of the claimants or such other party may interplead by cross-complaint; provided, however, that such claims arise out of the same transaction or occurrence. Often times the buyers earnest money binder or deposit is being held by a third party escrow agent. An interpleader action is a lawsuit that is filed in county or circuit court in the jurisdiction where the escrowed funds are located. In New York, interpleader is governed by CPLR 1006. Under federal law, there are two forms of interpleader: rule interpleader, under Federal Rule of Civil Procedure 22; and statutory interpleader, under 28 U.S.C. If you are interested in speaking to a Jimerson Birr lawyer or want general information about the firm, our practice areas, lawyers, publications, or events, please contact us via email or telephone for assistance at (904) 389-0050. Pl & Pr. In 1922 the United States Supreme Court in Liberty Oil Co. v. Condon Nat. An admission or denial. SEE ALSO: Default Motions and Judgments (Research Guide) DEFINITIONS: "The defendant in the answer shall specially deny such allegations of the complaint as the defendant who intends to SPV-LS arose out of a dispute over proceeds of a stranger-originated life insurance policy (the Policy), which insured the life of Nancy Bergman (Nancy) for ten million dollars. The court shall prescribe the time for service of the answer when service of a complaint is made by publication or upon a party in a foreign country. P. 7(a) for a list of authorized pleadings, depending upon your forum. If a complaint is duly served, the defendant shall serve an answer within 30 days after the issuance of the summons, except when a different time is prescribed by the court. Bank 260 U.S. 235 sustained that a defensive interpeader in an action at law in federal court could be taken under Judicial Code section 274b added by 38Stat. List of Possible Affirmative Defenses ("If you don't raise, you might have waived"). PDF Affirmative and Defensive Pleadings in Insurance Coverage and Bad Faith 8(c) requires a party to "set forth affirmatively . [24] The policy must have a value of at least $500 claimed were claimed or may be claimed by adverse claimants; which is less than the amount in controversy of $3,000 in Judicial Code 48(1) then required for general diversity jurisdiction and two or more of the beneficiaries must live in different states. $ vrM1iz,UEFx952D See Penn Mutual's Answer, Affirmative Defenses and Interpleader, Exhibit J (identifying the discussion date as August 4, 2009). Defense counsel should consider all affirmative defenses to the specific claims and the class allegations. Defendant denies the allegations contained in Paragraphs [] of the Complaint. Indus. A well stated affirmative defense - even if its a little bit of a reach - can intimidate a plaintiff, and possibly help persuade him or her to settle. It is designed to eliminate multiple lawsuits over the same stake and to protect the stakeholder from actual or potential liability. Shamrock: plaintiff cannot remove, defendant cannot remove based on a federal affirmative defense or a federal Rule 8(c) requires that both defenses to liability and defenses that potentially mitigate damages must be set forth in the pleadings. 28 U.S.C. DEFENDANTS' ORIGINAL ANSWER AND AFFIRMATIVE DEFENSES PAGE 4 4844-1160-2190/02415-101 17. Product description. Admitted. (a) When Presented. [17] This replaced the interpleader proceedings previously governed by the court rules by the procedure of "enforcement by taking control of goods" under newly passed regulations. 89101, 520-394-4733 _______________and______________; and DOES 1 through 5, inclusive, ASSIGNED FOR ALL PURPOSES TO THE HONORABLE_____________. PDF Case 3:14-cv-00443-TAV-CCS Document 47 Filed 03/04/16 Page 1 - govinfo When one person holds property that they do not own and multiple claimants to the property exist, an interpleader action is employed to determine the rightful owner of said property. On March 30, 2015, Transamericas motion to be discharged from the action was preliminarily granted to the extent that Plaintiff SPV and all Third-Party Defendants are enjoined from instituting any action or other proceeding against Transamerica with regard to the Policy benefits at issue here. By order dated June 14, 2016, the court discharged Transamerica from liability as Defendant and Third-Party Plaintiff and awarded it attorney fees. In cases where a person was subject to multiple claims, the applicant had to show that he: As a result of the coming into force of Part 3 and Schedule 12 of the Tribunals, Courts and Enforcement Act 2007[15] on 6 April 2014,[16] Order 17 and Order 33 were replaced by the new Parts 83-86 of the Civil Procedure Rules. F.R.C.P. This is part of Vail Law's Litigation Checklist. Florida Statutes 475.711 - Interpleader or other - LawServer SPV-LS illustrates that more is needed to hold the stakeholder liable a wrong independent of the interpleader action. Ostling v. In preparing an answer to a complaint, you should carefully consider all affirmative defenses both to the specific claims in the case and, in a class action, to the class allegations. If the court finds the interpleader appropriate, the person filing the suit is dismissed from the case, the funds are deposited into the court registry, and the claimants to the funds litigate between themselves the issue of entitlement of the deposited monies. 300 E. 2nd Street consists of attorneys, including M. Lamber and G. Goodnow, who are directors and/or employees of Fennemore Craig, P.C. {Telephone:} ,4~WNv"Qp&n:+7A8{uU[2[7CS'pvlzavGW3}qUCD-y;1#^k_::% 4Km&&-1$!NQK!gFA%r+bK,|TH0;#]ppB,e*8aLm/ 8 Fp"34/lcHU`N# {ekKLG r* CTRju\Q3:s -CO!>"# )*76s J6m&ob$&I^2=[,jwpS}#8EA. Through litigation, Mr. Smith receives a settlement payment, from the other drivers insurance, that is meant to cover pain and suffering, attorney fees, and medical bills. When a claimant alleges that the stakeholder is liable for an independent wrong, such party is not a mere stakeholder, notwithstanding its assertion that it has no interest in the disputed funds. In order for this court to have jurisdiction over this action, at least two defendants must be citizens of different States as defined in 28 U.S.C. Defendant may plead inconsistent defenses. Interpleader Actions in Florida are governed by Florida Rule of Civil Procedure 1.240, which is a rule promulgated by Floridas Supreme Court. You already receive all suggested Justia Opinion Summary Newsletters. See, e.g., Campbel, aka Skywalker, et al. What Should You Do If Youre In An Accident? Bankers Trust Co. v. Hogan, 196 A.D.2d 469 (1st Dept. If an insurer files a declaratory action but declines to include the third party claimant, then the declaratory action has left out a person who has a claim or interest that will be affected by the declaration. The court concluded that there had been no action or inaction on the part of the plaintiff that could be interpreted to be a recognition of the fact that the defendants intended to claim attorneys' fees or a waiver of objection to their failure to plead such a claim. {Facsimile: }, In the Superior Court of the state of Arizona R. AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE: 27. Providing quality ADA Defense, Business & Real Estate Services throughout the United States for over 40 years. Procedures are in effect for claims where:[19]. As a second, separate, and affirmative defense to the unverified Complaint on file herein, these answering Defendants allege that the action sued on herein is barred by the provisions of Civil Code Sections 1624(b), 1624(c) and 1624(d), in that the contract sued on is for the building and site remodeling, trade services, labor and materials of real property and is invalid unless subscribed by the party sought to be charged. 1. Interpleader had its origins as a civil procedure at common law, which was later adopted and expanded by the Court of Chancery in its equitable jurisprudence. The person holding the funds (escrow agent) to which two or more persons make claims (such as a buyer and seller) files suit asking the court to decide which party has a legal right to the binder. By reason of such waiver, these answering Defendants is excused from the performance of the obligation of the alleged contract. The stakeholder must also establish the possibility of multiple lawsuits. The Federal Interpleader Act of 1917 allowed an insurance company, or fraternal benefit society subject to multiple claims on the same policy to file a suit in equity by a bill of interpleader in United States district courts and providing nationwide service of process. What Is an Interpleader? - The Balance . 16. must be based on wrongful conduct independent from the filing of an interpleader, or the retention of interpleaded assets pending direction from the court. Bank of New York v. First Millennium, Inc., No. The complaint fails to state a claim upon which relief can be granted. What is an Interpleader Action? Civil Procedure Rule 8: General rules of pleading | Mass.gov Proc., 431.30 (b).) - Same decision defense (employer would still have fired employee for lawful reasons even if the actual firing was for a mix of lawful and unlawful reasons) (. - Same decision defense (employer would still have fired employee for lawful reasons even if the actual firing was for a mix of lawful and unlawful reasons) (Mt. Defendant affirmatively alleges that Plaintiff has failed to state a legal basis to discharge Plaintiff's insured from liability for [his/her] negligence or to restrain Defendants from initiating claims against Plaintiff's insured, and that any such relief should be denied. c. 231, 85A imposes upon the defendant-registered owner of an automobile involved in a collision the responsibility for setting up as an affirmative defense in his answer a denial that the automobile was being operated by a person for whose conduct the defendant was legally responsible. Enough with the fanfare, here's the (necessarily incomplete) list: - failure to state a claim upon which relief may be granted (almost always use), - statutory defenses prerequisites (these will vary depending on the claims), - claimants own conduct, or by the conduct of its agents, representatives, and consultants, - fair consideration (fraudulent transfer), - fraud (generally, as an equitable defense, as opposed to fraud in the inducement, below), - restriction/rule/covenant was not reasonably/uniformly applied, - adequate remedy at law (claims in equity), - failure to mitigate damages (or, in some circumstances, successful mitigation of damages), - failing to plead fraud with particularity, - punitive damages not permissible/barred by statute, - punitive damages sought prematurely under statute, - collateral source rule (common law) or as codified in statute (see, e.g.,C.R.S. As a result, in October 2010, FLS filed a lawsuit in the Eastern District of New York against the Trust seeking specific performance under the Sale Agreement. Answer to PAGA Class Action First Amended Complaint - CEB An interpleader proceeding has two stages. Instead, Plaintiffs merely alleged a claim to the stake itself. Citing Clearlake Shipping PTE Ltd. v. O.W. Get free access to the complete judgment in Golightly & Vannah, PLLC v. Hamlett on CaseMine. In an interpleader action, the party initiating the litigation, normally the plaintiff, is termed the stakeholder. The forms and the information contained in them may not be up-to-date and must be independently reviewed, cite checked, rule checked, and otherwise verified by a licensed Arizona attorney. City of N.Y., the Southern District of New York likewise denied certification of issues pertaining to the city's purported liability for failure to train the New York Police Department, holding that the affirmative defense of probable cause required "such an intensive, individualized inquiry" that "the proposed certification fails to . Factors in Determining Privilege The Affirmative Defenses listed are those stated in Justice Court Rules of Civil Procedure 8(c). 3. The agent will be permitted to recover costs and attorneys fees incurred in initiating an interpleader action. l"dngf 7. (/XCrBK&^`z17'tRn1"nv Su2%k!6XZ>KlNA>h|tw~bO/F#hig)0yInD%>`?%b"&aQ|E:QmxO,5D>'AyY];8JB )b8=`=464&Ad(sm\kM}zxFm5qH8VELM$xdLw#,xvc7f5}?/XoldM877\5l[wQ59-} dHBFpS7:dVaOYm!D?\l`ji Can your hotels employees cause an ADA lawsuit? Nancy obtained the Policy from Transamerica Life Insurance Company (Transamerica) in October 2006. Ct., N.Y. County Apr. AS AND FOR A SECOND AFFIRMATIVE DEFENSE: . 5.1 Criminal Defenses - Criminal Law - University of Minnesota 1991). 80203, 702-625-7777 This is part of Vail Law's Litigation Checklist. 1994). Rule 22.02: Procedure. | Tennessee Administrative Office of the Courts Regardless of how they are styled, the vast majority of these defenses will not apply in any given case, review of the complete list may be an especially helpful tool in brainstorming at the outset of a case. An affirmative defense is used to justify, or provide an explanation for, the defendant's illegal conduct. A defense. The insurance company is ready, willing, and able to pay the policy proceeds in specified percentages to named beneficiaries as last directed by the policyholder, but becomes aware of a dispute among them and/or third parties as to who are the proper beneficiaries or the proper distribution of proceeds among the beneficiaries. Consider each of the below affirmative defenses--does it potentially apply in your case? Phoenix, An affirmative defense is an argument that Plaintiff's claim should fail for some procedural or legal reason. These procedure are outlined generally by Florida Realtors and include seeking an Escrow Disbursement Order, Arbitration, Mediation or Interpleader. Ensure information regarding the bill is accurate within the interpleader. 1655 which authorize other forms of service to obtain in rem jurisdiction over absent defendants.[27]'. Defendant is without sufficient information to admit or deny the allegations contained in Paragraphs [] of the Complaint and, therefore, deny the same. {City}, {State} {ZIP} This is part of Vail Law's. -- F.R.C.P. Bd. PDF IN THE COUNTY COURT OF THE15TH - floridaconservator.com The defendant in a declaratory suit can seek affirmative relief and sue on the basis of any cause of action that may be appropriate in a 956 that authorized the interposing of equitable defenses in actions at law. ___________, as owner of_________, derivatively on behalf of___________, and ______________, an Individual. Thereafter, the automatic stay in the Bankruptcy Action was lifted, and the Bankruptcy Action was dismissed. If you have any questions about this, please contact an attorney at LamberGoodnow.com or by calling 602-274-9662. If the court grants the interpleader, the stakeholder is dismissed from the action. [18] In addition, s. 65 of the 2007 Act declared: (1)This Chapter replaces the common law rules about the exercise of the powers which under it become powers to use the procedure in Schedule 12. ), https://en.wikipedia.org/w/index.php?title=Interpleader&oldid=1086508887, Creative Commons Attribution-ShareAlike License 3.0, The same thing, debt, or duty must be the. AFFIRMATIVE DEFENSES. 2004). 3. (b)) may be a defense to actions for intentional interference with contractual relations. 2000). [any] matter constituting an avoidance or affirmative defense." For example, a person dies with a life insurance policy that excludes coverage for suicide. An affirmative defense is a reason given by the defendant for why the plaintiff should not win the lawsuit, even if what the plaintiff says is true. To initiate an interpleader action, the stakeholder must file a complaint alleging that it has no claim to the asset or property in dispute and does not know to which claimant the stake should be delivered. A designation of the pleading being submitted. a person is under a liability in respect of a debt or any money or goods and he is, or expects to be, sued for or in respect of the debt, money or goods by two or more persons making adverse claims thereto. Las Vegas, RULE 3: A civil action is commenced by filing a complaint with the court. Mississippi Answer to Interpleader Action How To Respond To An Interpleader Complaint The Forms Professionals Trust! Please check official sources. SK6F7ETKn ~vC;,pr_\,Wy~m/\%)*5bIx Charles B. Jimerson PDF Responding to a Complaint: Ohio - Dinsmore & Shohl Cellphone Use/Texting While Driving Accidents. These 19 affirmative defenses published here are one section of what Nona filed on 3/8/21 to get the money that Red Rock stole and to get penalties and damages. Defenses may either be negative or affirmative. Note that, unlike affirmative defenses where the defendant bears the burden of proving the defense, some of the following are more properly styled "additional defenses" where the plaintiff bears the burden of proving that the defense does not apply (e.g. Section 13-21-111.6), - violation of the Soldier's and Sailor's Civil Relief Act (protections for active duty military against service of process while deployed), - claim barred by death (does not survive to be asserted by estate), - claim barred by probate code/testament/closing of estate, - no alter ego / barred by limited liability status of entity, - produce use was outside of particular purpose, - failure to provide opportunity to inspect/repair, - product supplied in accordance with specification, - failure to exhaust administrative remedies, - learned intermediary or sophisticated user doctrine, - no deficiency judgment permitted by law, - no evidence that modified warning would have been followed or would have prevented injury, - manufacturing/labeling/marketing in conformity with the state of the art at the time, - product provides net benefits for a class of patients, - damages were the result of unrelated, pre-existing, or subsequent conditions unrelated to defendant's conduct, - act of god (or peril of the sea in admiralty cases), - force majeure (enjoying a renaissance due to COVID-19), - failure to act in a commercially reasonable manner, - no benefit conferred (unjust enrichment), - refusal to surrender (unlawful detainder), - doctrine of primary or exclusive jurisdiction, - failure to preserve confidentiality (in a privacy action), - prior commercial use (trademark and patent), - functionality defense (design patent infringement), - expiration of patent for nonpayment of fees (patent validity), - estoppel due to prior judgment of invalidity (patent validity), - lack of novelty re prior art (Section 102) (patent), - inadequately disclosed or claimed (patent), - grace period as to disclosures from inventor (patent), - business competition privilege (intentional interference), - no intent to permanently deprive (civil theft), - suicide (in accident or some benefits actions), - adverse possession (in trespass action), - mutual acquiescence in boundary (in trespass action), - statutory immunity (under applicable state or federal law), - unconstitutional (relating to statute allegedly violated), - insanity (normally in criminal context, but may have some application in civil suits linked to criminal acts), - self-defense (in assault, battery, trespass actions), - defense of real property (assault/battery), - defense of personal property (assault/battery), - recapture of personal property (assault/battery), -permission/invitation/consent (in assault, battery, trespass actions), - Section 2-607 UCC acceptance of goods, notification of defect in time or quality within reasonable time, - breach of implied covenant of good faith and fair dealing, - no damages (where required element of pleading), - category of damages sought barred by contract, - damages sought in excess of limitation and barred by contract, - implied repeal of statute (see In re: Stock Exchanges Options Trading Antitrust Litigation, 317 F.3d 134 (2d.