affirmative defenses to breach of contract

• U.S. District Court in Virginia Rules Contract Defenses Not Subject to Heightened Standard

A breach-of-contract defendant was not required to satisfy heightened pleading standards in asserting affirmative defenses, a U.S. District Court in Virginia has ruled. The plaintiff sued the defendant for the breach of a services contract. In answering the complaint, the defendant raised 19 affirmative defenses.

• Lawyers USA
• December 07, 2010

• Dynegy Marketing and v. Multiut Cor, (7th Cir. 2011)

... and Multiut adhered to their written contract for a time, but their relationship unraveled in th...'s gas supply and brought suit, alleging breach of contract and guaranty as well as fraudulent tra... Dynegy's allegations and raising affirmative defenses to its breach of contract and breach of g...

• Federal Circuits

• State ex rel. Rogers v. Republic Environmental Sys., Inc., (Ohio 2010)

Trial court did not err when it dismissed appellant’s third-party complaints alleging fraudulent inducement and breach of contract. Trial court did not err when it granted the appellee’s motion for judgment on the pleadings and dismissed appellant’s cross-claim for fraud and breach of contract. Trial court did not err when it found appellant in contempt for failure to comply with a Consent Order requiring the cleanup and closure of a former hazardous waste treatment facility. Appellant’s affirmative defenses of laches, waiver, and estoppel did not apply in the suit brought by the State in an action to enforce environmental regulations. Trial court did not violate appellant’s due process rights regarding appellant’s defenses of fraud and brea...

• Ohio Supreme Court

• Mullins v. TestAmerica Inc, (5th Cir. 2009)

... filed suit against TestAmerica claiming breach of contract and fraud and against TestAmerica and ... amended complaint "distinctly and affirmatively alleged" the citizenship of all of Sagaponack's pa...For example, recognized affirmative defenses to breach of contract such as modification,12 fail...

• Federal Circuits

• Agreement With A Formula Calculating 'Actual Damages' Precludes Prejudgment Interest

... leave to file a supplemental answer, affirmative defenses, and counterclaims. The dispute underly...; and (3) counterclaims, including a breach of contract claim alleging BMS breached its duty t...

• Mondaq Business Briefing
• United States Law Articles in English

• Mullins v. TestAmerica Inc, (5th Cir. 2009)

... filed suit against TestAmerica claiming breach of contract and fraud and against TestAmerica and ... amended complaint "distinctly and affirmatively alleged" the citizenship of all of Sagaponack's pa...For example, recognized affirmative defenses to breach of contract such as modification,12 fail...

• Federal Circuits

• Missouri Court of Appeals Southern District Case Summaries: January 27, 2012

ContractsLoan AgreementAffirmative Defenses Where a trial court granted summary judgment to the lender in a breach-of-contract case involving a loan agreement, genuine issues of material fact existed as to the affirmative defenses and counterclaims set out in the borrower's pleadings, so the judgment is reversed and remanded. Judgment is reversed and remanded.Napus Federal Credit Union v. Campbell (MLW No. 63227/Case No. SD31012 - 6 pages) (Missouri Court of Appeals, Southern District, Barney, J.) Appealed from circuit court, Reynolds County, Seay, J. Criminal LawAbuse Of A Child Invasion Of Privacy Sufficiency Of EvidenceWhere a teen victim testified that the defendant, who was her bus driver, ordered her to pull up her shirt and that he used his phone to record her breasts, the eviden...

• Missouri Lawyers Media
• February 03, 2012

• Mount Vernon City School District v. Nova Casualty Company, No. 52 (N.Y. 2012)

... Law by improperly diverting construction contract payments constituting trust fund assets to a non-bbeneficiary and breached the terms of the parties' performance bond. We hol... a general rule, a surety may assert affirmative defenses to an obligee's claim of breach of contra...

• New York Court of Appeals

• Stockton East Water District v. U.S., (2009)

... The agencies claim to have binding contracts for the water, and that the Federal Government hass breached these contracts. The water at issue is from the Ne... provisions gave the Government the defenses it claimed. Judgment was awarded to the Governmen... Absent an affirmative defense, that failure by the Government would cons...

• United States Court of Appeals for the Federal Circuit

• Data Breach: From Notification to Prevention Using Pci Dss

With over 350 million records containing sensitive personal information having been compromised since 2005, it is evident that data breaches are an epidemic problem. After demonstrating the security breach problem, the Note begins by discussing California's pioneering data breach notification law, which requires breached entities to notify those affected that their personal information has been compromised. Drawing on various provisions found in California's notification law, the Note evaluates current state and federal data breach laws. To further explore the relationship between federal and state enforcement, two recent data breaches, the ChoicePoint and TJX breaches, are discussed in-depth. The Note then examines proposed federal and state legislation to strengthen the argument that ...

... card information would cause to contractual relations between cardholders and credit card comp... consumers' security by placing an affirmative duty on financial institutions to protect customer... low-cost, simple, and readily available defenses; (3) using default user ID or passwords to protect...

• Columbia Journal of Law and Social Problems
• Vol. 43 Nbr. 4, July 2010