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It's unclear what document MacLeish is referring to. If Massachusetts uses the typical sequence, the plaintiff files a complaint and the defendant (archdiocese, Law, whoever) files an answer.

Typically, someone has to assert 'defenses' in their answer to preserve those defenses. If you don't assert them, they might be unavailable.

If (and please remember, I'm saying if), the parents were partially negligent, then it's standard that any award gets reduced.

Juries get asked that all the time. Think of an auto accident were both people run a stop sign at a four-way stop. If you think about it, I'm sure that you'll be able to come up with situations also.

This is not a defense of Cdl Law. From the article, it looks as if this was something the lawyers wrote. I think freepers would agree that lawyers aren't always the most 'sensitive' folks, and boy do they look like jerks here.

As for MacLeish, this is called 'trying your case in the newspapers'.

"From the article, it looks as if this was something the lawyers wrote..."

I agree. I spoke with an attorney friend and he said that this language was entered into this document as an "affirmative defense". It is strictly boilerplate in civil cases. If it is not there, then that particular defense is not available later on in any trial if there is one.