9th Circ. Says DXC Didn't Waive Defenses To Subcontract Suit

Law360 (November 17, 2020, 11:12 PM EST) -- The Ninth Circuit found Tuesday that a district court wrongly ruled against a DXC Technology unit in a $5.4 million payment dispute with a subcontractor on a NASA deal, saying the DXC subsidiary had not waived its defenses in the case.

Enterprise Services LLC's defenses for withholding payments from subcontractor KST Data Inc. did not need to be reasserted after KST filed an amended complaint involving the same claims Enterprise had previously asserted its defenses against, a three-judge panel ruled in a published decision.

Therefore, a district court had wrongly treated Enterprise's lack of an answer to that amended complaint as...

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