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Fox Rothschild LLP

Can Prior Acts Previously Adjudicated to Not Amount to Domestic Violence Be Raised in a Future Domestic Violence Proceeding?

Fox Rothschild LLP on

Sadly, it is not uncommon for parties to be “frequent flyers” in domestic violence court. Sometimes, the same party files and dismisses one or more times. Sometimes, parties settle with “civil restraints” or an Order in the...more

Farrell Fritz, P.C.

Affirmatively Plead Your Defenses, or Risk “Waiving” Them Goodbye

Farrell Fritz, P.C. on

Many litigants are familiar with the well-settled rule that an affirmative defense will be waived if it is not included in a CPLR 3211(a) motion to dismiss or in the answer (see CPLR 3211[e]).   And so, lawyers tasked with...more

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