Loggers, L.L.C. v. 1 Up Technologies, L.L.C.

Summary

The Mississippi Supreme Court affirmed a judgment for 1 Up Technologies in a contract dispute involving computer-gaming equipment and services. The court held that Loggers waived its affirmative defense under Mississippi Code section 79-29-1007(1) by failing to specifically assert it in its answer and raising it for the first time at trial.

Holdings

1. A general assertion that a complaint fails to state a claim does not specifically preserve the affirmative defense that an unregistered foreign limited liability company may not maintain an action under Mississippi Code Section 79-29-1007(1).
2. Loggers waived the affirmative defense by failing to raise it in its answer or otherwise timely before trial and by actively participating in the litigation before asserting it for the first time at trial.

Questions Presented

1. Whether Loggers preserved the affirmative defense under Mississippi Code Section 79-29-1007(1) by including general failure-to-state-a-claim language in its answer.
2. Whether Loggers waived the defense by failing to timely and specifically assert it before trial while actively participating in the litigation.

Disposition

affirmed