Legal Opinion
General Teamsters of America v. Lawrence-Mercer County Builders Ass'n
District Court, W.D. Pennsylvania
Decided December 16, 1980No. Civ. A. No. 80-560PublishedCited by 4 opinions
1Opinion of the Court
OPINION
TEITELBAUM, District Judge.
The action sub judice involves two separate classes of defendants. One defendant is Castle Builders Supply Company; the second class encompasses the remaining members of the Builders Association captioned above. This matter presents the novel issue of whether the failure to plead an affirmative defense is a waiver of the defense in an identical issue in a subsequent suit. This Court finds that failure to plead the defense of illegality as provided for by Fed.R.Civ.P. 8(c) in a prior civil action involving plaintiff Local 261 and defendant Castle Builders…
2Cases cited5 opinions
- Great Lakes Rubber Corporation v. Herbert Cooper Co., IncCourt of Appeals for the Third Circuit · 1961
- Associated Milk Dealers, Inc. v. Milk Drivers Union, Local 753, International Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers of AmericaCourt of Appeals for the Seventh Circuit · 1970
- Local Union No. 11, International Brotherhood of Electrical Workers, Afl-Cio v. G. P. Thompson Electric, Inc.Court of Appeals for the Ninth Circuit · 1966
- International Brotherhood of Electrical Workers, Local Union Nos. 12, 111, 113, 969 v. Professional Hole Drilling, Inc.Court of Appeals for the Tenth Circuit · 1978
- Fur Dressers Union Local 2F v. DeGeorgeDistrict Court, M.D. Pennsylvania · 1978
3Cited by4 opinions
- Tonka Corp. v. Rose Art Industries, Inc.District Court, D. New Jersey · 1993
- Hayes v. IrwinDistrict Court, N.D. Georgia · 1982
- Wedel v. American Electric Power Service Corp.Indiana Court of Appeals · 1997
- Kelly v. C.H. Sprague & Sons Co.Supreme Court of Rhode Island · 1983