Burden Shifts to Plaintiff-Opponent of Summary Judgment When Defendant-Movant Has Established an Affirmative Defense as a Matter of Law
Date
1974
Authors
Journal Title
Journal ISSN
Volume Title
Publisher
Texas Tech Law Review
Abstract
Discusses affirmative defenses and summary judgment. Traditionally, the defendant does not have the burden of disproving plaintiff’s defensive plea when summary judgment raises a fact issue with respect to the plea being using to avoid affirmative defense as a matter of law. The author observes that the current presumption is that any affirmative defense, once proved as a matter of law, would be efficient to shift burden.
Description
Keywords
Cause of action, Burden of proof, Burden shifting, Affirmative defense, Summary judgment, Nichols v. Smith, Case note
Citation
6 Tex. Tech L. Rev. 301