accord and satisfaction affirmative defense

1967 results for accord and satisfaction affirmative defense

  • vLex Rating
  • 796 F.3d 783 (7th Cir. 2015), 14-2773, Chapman v. First Index, Inc.

    ... accord and satisfaction" in the language of Rule. 8(c)(1)) is an affirmative defense rather than a. jurisdictional bar, ...

  • 513 F.2d 678 (1st Cir. 1975), 74-1329, Warner v. Rossignol

    ... the case was settled, and the court accordingly removed it from the trial calendar and dismissed ... had refused to accept the check in satisfaction of the settlement. The court made no findings as ... and satisfaction is a traditional affirmative defense at law apparently requiring, if demanded, ...

  • 47 CFR 64.604 - Mandatory minimum standards
  • __ U.S. __ (2016), 15-415, Encino Motorcars, LLC v. Navarro

    The Fair Labor Standards Act (FLSA) requires employers to pay overtime compensation to covered employees who work more than 40 hours in a week; a 1966 exemption covers “any salesman, partsman, or mechanic primarily engaged in selling or servicing automobiles” at a covered dealership, 29 U.S.C. 213(b)(10)(A). In 1970, the Department of Labor defined “salesman” to mean “an employee who is employed...

    ...A. Inc. v. Natural. Resources Defense Council, Inc., 467 U.S. 837, 104 S.Ct. ... regulations to accord with existing practice by interpreting. the ... a court's satisfaction that the reasons for the new. policy are ... ante, at 11, an affirmative defense in the Fair. Labor Standards Act ...

  • 530 U.S. 392 (2000), 8, Arizona v. California

    ... to pay the Tribe $15 million in full satisfaction of the Tribe's Docket No. 320 claims, and the ... decree to effectuate the parties' accords. .          Held: .         1. ... Tribe that the State parties' preclusion defense is inadmissible. The State parties did not raise ... Those principles rank res judicata an affirmative defense ordinarily lost if not timely raised. See ...

  • 632 F.2d 605 (5th Cir. 1980), 79-3325, Holloway v. McElroy

    ... the shooting, but had claimed self-defense. He was sentenced to twenty years. His conviction ..., we answer these questions in the affirmative. We therefore affirm the action of the district ... near Cordele, Georgia; Holloway then, according to the prosecution's theory, attempted to alter ... the contrary to the jury's satisfaction. 474 F.Supp. at 1367-69. In the court's view, ...

  • 553 U.S. 851 (2008), 06-1204, Republic of Philippines v. Pimentel

    ... that they did not accord proper weight to the compelling sovereign ... 19(b)(3)-"adequacy" refers not to satisfaction of the Pimentel class' claims, but to the "public ... would give Merrill Lynch an effective defense against piecemeal litigation by various claimants ... Republic and the Commission must take affirmative steps in United States courts (or possibly invoke ...

  • Student Assistance General Provisions, Federal Family Education Loan Program, and William D. Ford Federal Direct Loan Program

    ...and a process for adjudicating borrower defenses to repayment claims . for Federal student loans ...In . accordance with the HEA, the 2016 final regulations were ... 685.206). Affirmative and Defensive Claims. Comments: Many ...satisfaction of the Federal standard if the school then began ...

  • 955 F.2d 875 (4th Cir. 1992), 90-1869, Guinness PLC v. Ward

    ... as additional time in which to serve defenses" and respond to the reporting obligations.    \xC2"...According to Ward, the "letter agreement .. outlined the ... also referred to by Ward, accord and satisfaction, reached by the parties resolving their disputes; ... exists, this Circuit has noted "the affirmative obligation of the trial judge to prevent ...

  • 193 F.3d 354 (5th Cir. 1999), 98-30780, Woodfield v Bowman

    ... settlement, both by failing to raise the defense in a timely. . manner and by denying UM ... waived its right to assert this affirmative defense under the consent-to-settle clause of the ..., reduced, by the doctrines of accord and satisfaction, transaction and compromise, ...

  • 89 F.3d 1050 (3rd Cir. 1996), 95-5092, United States v. Voigt

    ... third attorney Voigt sought to add to his defense team without holding a formal evidentiary ... the government failed to prove an affirmative act of evasion as required by statute; (6) the ...According to Powell's version of the meeting, Travis ...In satisfaction of that amount, the court ordered forfeiture of, ...

  • 885 F.3d 1351 (Fed. Cir. 2018), 2017-1584, Meridian Engineering Company v. United States

    ... [C]ontract documents as providing an affirmative indication. of the subsurface conditions" ... claim, finding that " the doctrine of accord and. satisfaction bars Meridian’s claims ... may refuse to bar a claim based upon the defense of. accord and satisfaction where the ...

  • 388 U.S. 218 (1967), 334, United States v. Wade

    ... colonial provisions about counsel were in accord on few things, they agreed on the necessity of ... of the assistance of counsel for his defense. When the Bill of Rights was adopted, there were ... not require that the accused take affirmative, volitional action, but only that, having been ...338, of proving to the satisfaction of the trial judge in the preliminary hearing ...

  • 453 F.3d 525 (D.C. Cir. 2006), 05-7004, Richards v. Delta Air Lines, Inc.

    ... for summary judgment, asserting the affirmative defense of accord and satisfaction to Stevens's ...

  • 517 U.S. 952 (1996), 94-805, Bush v. Vera

    ... that underlies their VRA § 2 compliance defense. Once the correct standard is applied, the fact ... would not have existed but for its affirmative use of racial demographics. Assuming that the ... the legislature's action." Ibid.; accord, Miller, supra, at 910-911. Under this rule, ... reasonably designed to ensure such a satisfaction, I conclude that the districts are narrowly ...

  • __ U.S. __ (2015), 14-15, Armstrong v. Exceptional Child Ctr., Inc.

    Providers of “habilitation services” under Idaho’s Medicaid plan are reimbursed by the state Department of Health and Welfare. Section 30(A) of the Medicaid Act requires Idaho’s plan to “assure that payments are consistent with efficiency, economy, and quality of care” while “safeguard[ing] against unnecessary utilization of . . . care and services,” 42 U.S.C. 1396a(a)(30)(A). Providers of...

    ... the States' agreement to spend them in accordance with congressionally imposed conditions. . ... such enforcement unless it affirmatively manifests a contrary intent." Post, at 4 ... interpret its rules to respondents' satisfaction, to modify those rules, to promulgate new rules ...A. Inc. v. Natural Resources Defense Council , Inc. , 467 U.S. 837, 104 S.Ct. 2778, ...

  • 472 U.S. 713 (1985), 84-498, United States v. National Bank of Commerce

    ... with an IRS notice of levy has only two defenses for failure to comply with the demand: that it is ... . Internal Revenue Code. It accordingly ruled that the Government could not prevail ...Affirmative action by the IRS is required to enforce ... to elect whether they would seek satisfaction of its demands by means of a seizure and sale by ...

  • 209 F.3d 252 (3rd Cir. 2000), 98-2164, Folger Adam Security v. Dematteis Macgregor

    ..., we are asked to decide whether the affirmative defenses of setoff, recoupment, and other ...Accordingly, we will reverse the judgment of the District ... from seeking to obtain payment or satisfaction of their claims against the Debtors from the ...

  • Radha Geismann, M.D. v. ZocDoc, Inc., 112718 FED2, 17-2692

    ... and putative class action, and accordingly entered judgment. in Geismann's favor and ... plus reasonable attorney's fees, in satisfaction of. Geismann's individual claims, and (ii) ...'s tender of judgment before an affirmative. ruling on class certification could be ... affirmative defense...

  • 1 F.3d 138 (2nd Cir. 1993), 1630, May Dept. Stores Co. v. International Leasing Corp., Inc.

    ... raised for the first time the affirmative defense of accord and satisfaction. In a ...

  • 379 F.3d 445 (7th Cir. 2004), 03-2752, Sims-Madison v. Inland Paperboard and Packaging, Inc.

    ...Accordingly, she refused to comply with the fourth point of ...'s complaint, Inland pleaded the affirmative defense of accord and satisfaction. Inland later ...

  • 256 U.S. 94 (1921), 99, Ownbey v. Morgan

    ... security before appearing and making defense but allowing the corporation to defend on the ... security to be given to the satisfaction of the plaintiff or of the court to the value of ... is at liberty, if not under a duty, to accord the same privilege of protection to creditors. ...Its function is negative, not affirmative, and it carries no mandate for particular ...

  • 430 U.S. 144 (1977), 75-104, United Jewish Organizations Williamsburgh, Inc. v. Carey

    ...In accordance with the regulations governing his § 5 review, ...This has been its primary defense of the plan, which was sustained on that. . ...Part III establishes to my satisfaction that, as a method of securing compliance with the ... . fashioning affirmative policies, 2 we must identify those ...

  • 657 F.2d 962 (8th Cir. 1981), 80-1100, Setser v. Novack Inv. Co.

    ...§ 1981 of race-conscious affirmative action plans designed to remedy racial imbalance ... fide affirmative action plan, the satisfaction of the four part McDonnell test will not ... to whites for any voluntary preferences accorded minorities. In light of their dilemma, and out of ... is still entitled to present any other defense it might have to the jury, including its ...

  • 678 F.2d 992 (11th Cir. 1982), 80-7846, Jackson v. Seaboard Coast Line R. Co.

    ..., it encouraged the parties to reach an accord within forty-five days, after which time the ... to file the action within 90 days as a defense." Id. at 811 n.9, 100 S.Ct. at 2489 n.9. In so ... the appropriate state agency if the satisfaction of the precondition was necessary to the court's ... claim by failing to plead it as an affirmative defense under Fed.R.Civ.P. 8(c). We agree. ...