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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

A Society Without a Name v. Commonwealth of Virginia, 655 F.3d 342 (2011)

Citation
A Society Without a Name v. Commonwealth of Virginia, 655 F.3d 342 (2011)
Parent Document
A Society Without a Name v. Commonwealth of Virginia, 655 F.3d 342 (2011)
Effective Date
2011-08-24

Other Sections in This Document (158)

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Second, limitations is an affirmative defense that a defendant, not a plaintiff, must prove; ASWAN opposed an “act or practice made unlawful” by the ADA, which limitations does not necessarily bar. Moreover, no case law exists assessing whether a clearly meritorious affirmative defense negates a “reasonable, good faith belief’ of an “act or practice made unlawful” by the ADA. Further, no appellate court had even settled the question of which statute of limitations applies in Virginia, making it hard for ASWAN to “reasonably believe” its claims time-barred given that the ADA itself does not prescribe a limitations period.