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Affirmative Defenses Question

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JOSEPHLB

Junior Member
What is the name of your state?
Maryland

  • Laches Defense

From what I've researched, this seems to imply that the plaintiff "sits" on a cause of action, and waits until the last moment to file a complaint (for example, assuming the plaintiff thinks they know the expiration of the SOL, and then files suit within the last few days).

Anyone have any knowledge or experience in raising the defense of Laches? Can it be successful?


  • Contributory Negligence

This seems to mimic the Assumption of Risk defense. Maryland is one of the few states that still recognize the Contributory Negligence defense. I assume this defense is used for cases where physical damage results instead of monetary damage.What is the name of your state?
 



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