119 Ohio App. 3d 244 - Carmen v. Link’s Empirical Analysis
1997
Citation profile
29 state decisions
How this case has been cited
Cited by 29 later decisions — most recently March 2024 · most notably Eulrich v. Weaver Bros., Inc. (2005), 157 Ohio App. 3d 434 - Kreitzer v. Anderson (2004)
29 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Dresher v. Burt · Temple v. Wean United, Inc. · Mitseff v. Wheeler · Murphy v. City of Reynoldsburg · 61 Ohio App. 3d 127 - Lorain National Bank v. Saratoga Apartments
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 29 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“While the word “shall” indicates the firmness of this pleading requirement, Civ.R. 8 does not state a time period within which an affirmative defense must be pleaded or the effect of failing to plead an affirmative defense. However, it is clear that some sort of concept of “waiver” is embodied in the requirement of Civ.R. 8(C) that a party “shall” raise any affirmative defenses in his answer.”
1 later decision quote this exact passage“[t]here are three ways to properly raise an affirmative defense: (1) setting forth the defense in a prepleading motion pursuant to Civ.R. 12(B); (2) affirmatively setting forth the defense in a responsive pleading pursuant to Civ.R. 8(C); or (3) amending one's responsive pleading pursuant to No. 16AP-881 7 Civ.R. 15 to include such a defense.”
1 later decision quote this exact passage“can be asserted in a pre-pleading Civ.R. 12(B) motion to dismiss, in an Answer, or in an amended or supplemental Answer”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.