Waiver of Affirmative Defenses

The Court of Appeals decided   Doe v. Rankin County School District on Tuesday located here.  This was a legally complex case dealing with whether a school has immunity regarding the rape of a student on campus for failing to follow certain safety procedures.  The trial court granted summary judgment ruling that the school was immune.  The Court of Appeals reversed finding that the school had waived its affirmative defense by actively participating in litigation for sixteen (16) months.  This case seems to be the latest in a long line of cases that indicate if the Defendant does not timely raise an affirmative defense, it is waived.