Does a failure to raise an affirmative defense constitute a waiver?
MultiRegion, United States of America
The following excerpt is from Scott v. Scribner, No. 2:10-cv-01220-JKS (E.D. Cal. 2012):
31. See Day v. McDonough, 547 U.S. 198, 206-11 (2006); but see Bennett v. Mueller, 322 F.3d 573, 585 (9th Cir. 2003) (a failure to raise an affirmative defense constitutes a waiver).
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