Written by attorneys · grounded in primary & secondary sources — see below
A form of judicial redress that grants positive benefits or compels specific action rather than merely denying an opponent's claim. It encompasses orders such as injunctions, specific performance, or monetary awards that affirmatively alter the parties' legal relations.
Nexus Data Centers LLC sued BrightLine Telecom Corp for unpaid fees. BrightLine moved to dismiss for lack of personal jurisdiction. After the court denied the motion and set a deadline to answer, BrightLine filed nothing further. Nexus submitted an affidavit showing the failure to respond. The clerk entered BrightLine's default because the company stood as the party against whom a judgment for affirmative relief was sought.
Employees challenged a consent decree that set membership goals and created a training fund to remedy past discrimination. The decree ordered the union to take steps that would benefit some nonvictims. The Court upheld the order, recognizing that Title VII permits courts to award affirmative relief even when it reaches beyond proven individual victims.
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A franchise applicant relied on repeated assurances from Red Owl Stores and incurred substantial expenses preparing to open a store. When the deal collapsed, the applicant sued for damages based on promissory estoppel. The court allowed the claim, treating promissory estoppel as a basis for affirmative relief rather than a mere defensive shield.
A partnership candidate proved that gender stereotyping played a role in the denial of her promotion. Price Waterhouse argued that other legitimate factors would have produced the same decision. The Court held that once the plaintiff shows an impermissible motive, the employer must prove it would have made the same decision anyway to avoid liability for affirmative relief.
The NAACP sued Mount Laurel Township, alleging its zoning ordinance excluded low- and moderate-income families. The trial court found the ordinance invalid and ordered the township to study housing needs and present a plan of affirmative public action to meet those needs. The decree required the municipality to take concrete steps to enable construction of affordable housing.
Shareholders challenged a state statute regulating railroad rates as unconstitutional and sought to enjoin the state attorney general from enforcing it. The attorney general argued the suit was barred by the Eleventh Amendment as one against the state itself. The Court held that the action sought only to restrain the officer from unconstitutional conduct and therefore did not request affirmative relief against the state.
Entry of default occurs when a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend and that failure is shown by affidavit or otherwise. The clerk must enter the default as a ministerial act once those conditions are met.
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Affirmative relief grants positive benefits or orders specific action, such as an injunction or damages award. A defensive response merely seeks to defeat the opponent's claim without requesting independent relief for the responding party.
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No. Affirmative relief sought by a defendant requires raising a counterclaim or cross-claim that could have been maintained independently of the plaintiff's action.
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Filing a pre-answer motion constitutes defending and blocks default only while the motion is pending. Once the court denies the motion and sets a new deadline to answer, failure to file a responsive pleading allows the clerk to enter default upon proper affidavit.
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…the State to pay the taxes, and was therefore a suit against the State. In the present case the bill does not ask for any affirmative relief against the State. It simply asks for an injunction to restrain the Attorney General from instituting suits in the state courts to enforce an unconstitutional statute. This is not a suit…