Labor and Employment Law

Ca. Labor & Emp't Rev. July 2022, Volume 36, No. 4

FRESH PERSPECTIVES: TIPS FOR ASSERTING RELEVANT AND PROPER AFFIRMATIVE DEFENSES

AUTHOR*

Diana Cabrea-Vega

Once a lawsuit is filed, there are several options for responding to the complaint. A responding party can challenge the complaint in several ways including seeking removal (if filed in state court), or move to dismiss, strike, change venue, or demur. A party may also bypass challenges to the complaint and instead file an answer. Absent a dismissal at the pleading stage, the responding party will inevitably have to answer if litigation is allowed to proceed in the judicial forum. Newer lawyers are often involved in the early pleading stages of litigation and frequently tasked with drafting answers. Here are some tips to avoid common pitfalls and strategies to craft a well-pleaded answer with genuine and proper affirmative defenses.

WHAT IS AN AFFIRMATIVE DEFENSE?

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