F.3d at 819; Gibson, 201 F.3d at 994. However, a defendant’s failure to raise the defense in his initial answer or in a motion to dismiss is not necessarily fatal to the defense. Under liberal federal pleading amendment standards, a court may allow a defendant to amend its answer to add with the requisite specificity the failure to exhaust affirmative defense and thereby to properly bring the defense before the court. Belgrave, 254 F.3d at 387; see Fed.R.Civ.P. 15. On the other hand, it is clear that a defendant cannot prevail if he proceeds to trial without raising the argument and then raises it for the first time in a post-trial motion. Liberies v. County of Cook, 709 F.2d 1122, 1125 (7th Cir.1983) (citing Jackson v. Seaboard Coast Line R.R. Co., 678 F.2d 992, 1010 (11th Cir.1982)) (<HOLDING>). The Court finds that Local 143 has not waived
holding that the defendant waived an argument by failing to raise it in his appellants brief holding that appellant waived issue by failing to raise it in opening brief holding that defendant waived personal jurisdiction defense by waiting nine months to bring a motion to dismiss during which time it engaged in a considerable amount of pretrial activity holding that defendant waived defense by failing to raise it during the nineyear life of the case and waiting until after judgment to bring it up holding that party waived public policy challenge by failing to raise it during arbitration