Can an affirmative defense be raised for the first time in a joint pretrial order?

MultiRegion, United States of America

The following excerpt is from Reives v. Lumpkin, No. 15-737 (2nd Cir. 2016):

summary judgment stage); Gilmore v. Gilmore, 503 F. App'x 97, 99 (2d Cir. 2012) (allowing an affirmative defense to be raised for the first time in a joint pretrial order).

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