By refusing to pay rent, asserting
constructive eviction first as a defense in the summary proceeding, and persisting in that posture on the cross-motion for summary judgment in that proceeding, the tenant has elected its remedy and waived its alternative claim for damages for the constructive eviction.
5) In the latter instance, the plaintiff is asserting
that it is compliance with the policy, not its violation, that caused the constitutional tort.
Lawyers watching the case said the abandonment of the mental defect argument seemed likely to leave the defense lawyers simply asserting
a ``reasonable doubt'' defense, in which the defense is left to merely point out that the government must prove every assertion beyond a reasonable doubt.
Dobson of Focus on the Family was even harsher, asserting
in a statement that Frist now favors "the destruction of human life.
While this case dealt with the Due Process Clause and not the Commerce Clause, some states may try to rely on this type of case as authority for asserting
their taxing jurisdiction over foreign businesses.
Republican leaders in the House rallied around their leader Saturday, asserting
Gingrich's sins were technical and relatively minor.
The tenant moved to dismiss, asserting
that the notice of termination needed to be served in the same manner as the petition.
Early media reports distilled the decisions by asserting
that the high court had banned Commandments displays inside courthouses but allowed them outside.
In particular, there are a couple of recent cases expressly relying upon the no-offsets clause as a basis for granting summary judgment to a landlord on a claim for rent, notwithstanding the tenant's defenses and counterclaims asserting
alleged breaches of the lease by a landlord.
IRM (20)(11)34(3) provides that, in addition to asserting