Originally published in the April 9, 2012 issue of LitigationWorld: Use 'em or lose 'em. This maxim applies to many legal rights, including affirmative defenses in pleadings. In this issue of LitigationWorld, Seattle litigator and civil procedure expert Kim Gunning explains the differences among laches, waiver, and estoppel. You could read a long-winded academic article on this topic, or you can read (and save) Kim's practical advice for real litigators. Your choice. Also, don't miss the LitigationWorld Pick of the Week for a look at the forensic evidence Facebook attached to its motion to dismiss a lawsuit filed by a guy who claims he owns half of the company.
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