Legal Definitions - prematurity

Definition: Prematurity refers to a situation where the facts of a plaintiff's complaint are not yet sufficient to create a valid claim. It is an affirmative defense that can be used by the defendant.

Example: A person files a lawsuit against their employer for wrongful termination. However, if the person has not yet exhausted all available remedies within the company, such as filing a complaint with HR or going through an internal appeals process, the claim may be considered premature. In this case, the defendant can use prematurity as a defense.

Explanation: The example illustrates how prematurity can be used as a defense when a plaintiff has not yet taken all necessary steps to pursue their claim. In this case, the plaintiff must exhaust all internal remedies before filing a lawsuit, and failure to do so can result in the claim being considered premature.