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Court Considers Late Affirmative Defense Raises in Healy Case Summary Judgment

October 01, 2025 | Judicial - Appeals Court Oral Arguments, Judicial, Massachusetts


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Court Considers Late Affirmative Defense Raises in Healy Case Summary Judgment
In a pivotal session of the Massachusetts Appeals Court on October 1, 2025, the discussion centered around the implications of late responses to legal complaints and the validity of affirmative defenses in summary judgment motions. The court examined a case where a five-year delay in responding to a complaint raised questions about the admissibility of defenses presented long after the initial filings.

During the arguments, one attorney highlighted that the lateness of the answer filed in February 2022 should not affect the ability to assert affirmative defenses, citing legal precedents that allow such defenses to be raised if the undisputed facts support their merit. The dialogue revealed a nuanced understanding of judicial discretion, particularly regarding whether a judge could exclude a late-raised defense if it had been previously filed but not argued until a summary judgment motion.

The conversation also touched on the interpretation of specific statutes concerning auctioneers. The court scrutinized whether an individual, Mr. Healy, was acting within the legal definition of an auctioneer when engaging in brokerage activities. The attorney argued that Healy's actions did not align with the statutory exemption for licensed auctioneers, emphasizing that he was attempting to circumvent regulations by hiring another individual as a broker.

As the session concluded, the judges indicated they would take the matter under advisement, leaving the legal community awaiting their decision on these critical issues of procedural fairness and statutory interpretation. The outcome could have significant implications for how late defenses are handled in future cases, as well as the operational definitions of roles within the auction industry.

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