Bluestone v. Mathewson

BISTLINE, Justice,

specially concurring.

This $390 lawsuit will have a lasting impact on the practice of law in Idaho under what commonly are referred to as the “Federal Rules” of Civil Procedure. For that reason I concur in the Court’s opinion insofar as it holds that the failure to plead an affirmative defense does not across-the-board constitute a waiver of that defense which precludes it from being raised later. This is a commendable holding and strongly reinforces my own view of the “Federal Rules” as set forth in a number of opinions. It has been suggested that an absence of prejudice is…