The affirmative defenses a health club chain raised in response to a lawsuit filed by its former chairwoman of the board are barred by the statute of limitations, the U.S. District Court for the District of Delaware has ruled.
In a first-impression decision, the court said the corporation’s actions made it the initial aggressor in the dispute, despite its status as a defendant. Therefore, the court invoked an exception to the rule that affirmative defenses cannot be time-barred.
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