account stated affirmative defense

19291 results for account stated affirmative defense

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  • __ U.S. __, 16-8255, McCoy v. Louisiana

    ... issue. McCoy testified in his own defense, maintaining his. innocence and pressing an ... account" in view of the prosecution\u0092s evidence. Louisiana\xC2"... the reasons stated, the judgment of the Louisiana Supreme. ... not required to take any affirmative steps to support. petitioner’s bizarre ...

  • 561 U.S. 742 (2010), 08-1521, McDonald v. City of Chicago, Illinois

    ... and bear arms for the purpose of self-defense and struck down a District of Columbia law that ... 5 (Emphasis added.) Second, the Court stated that a contrary reading would "radically chang[e] ...          If Justice Stevens' account of the [177 L.Ed.2d 934] constraints of his ... admit confessions unless they are affirmatively shown to have been coerced, but see Miranda v. ...

  • 554 U.S. 570 (2008), 07-290, District of Columbia v. Heller

    ... even when necessary for self-defense, violated that right. Held: . 1. The ... demands that there be a link between the stated purpose and the command. The Second Amendment ... interference rather than an affirmative right to engage in protected conduct, and so ...2842] One particularly chilling account of Reconstruction-era Klan violence directed at a ...

  • 438 U.S. 265 (1978), 7811, Regents of the University of California v. Bakke

    ... that petitioner could not take race into account in making admissions decisions, the program was ...         For the reasons stated in the following opinion, I believe that so much ...If these questions were answered affirmatively, the application was forwarded to the special ... as a cornerstone in the Court's defense of property and liberty of contract. See, e.g., ...

  • 551 U.S. 701 (2007), 05-908, Parents Involved in Community Schools v. Seattle School Dist. No. 1

    ... in a way necessary to achieve their stated ends, the minimal effect these classifications ... be taken into account. Pp. 709-720. . . (a) As part of its burden ... separation, a school district has no affirmative legal obligation to take race-based remedial ...Asian American Legal Defense and Education Fund et al, by Marc Wolinsky. and ...

  • 518 U.S. 343 (1996), 94-1511, Lewis v. Casey

    ... that requires the States to "shoulder affirmative obligations," id., at 824, in order to "insure ... Bounds relied had "never been explicitly stated," and that no Clause that had thus far been ... from the appellate process solely on account of their poverty. There is no mistaking the ... liberty, or to assert and sustain a defense therein, and to send and receive communications ...

  • 570 U.S. 338 (2013), 12-484, University of Texas Southwestern Medical Center v. Nassar

    ... account of his religion and ethnic heritage. He ... the lessened causation test stated in § 2000e-2(m). Pp. 2522 - 2534. . ... General for Defense Litigation James "Beau" Eccles,. Division ...)(2)(B) for Price Waterhouse ‘s full affirmative. defense, indicated that the ...

  • 517 U.S. 559 (1996), 94-896, BMW of North America, Inc. v. Gore

    ... deliberate false statements, acts of affirmative misconduct, or concealment of evidence of ...         In defense of its disclosure policy, BMW argued that it was ... disclosure obligations may take into account the cost of government regulation, choosing to ...[ 23 ] As the Court stated nearly 150 years ago, exemplary damages imposed ...

  • 471 U.S. 539 (1985), 83-1632, Harper & Row, Publishers, Inc. v. Nation Enterprises

    ...Ford's account of his pardon of former President Nixon. Shortly ... determinative, factor tending to negate a defense of fair use. And under ordinary circumstances, ...This Court stated in Mazer v. Stein , 347 U.S. 201, 209 (1954):. ... end as freedom of speech in its affirmative aspect. .          Estate of Hemingway ...

  • 499 U.S. 187 (1991), 89-1215, International Union, United Automobile, Aerospace &

    ... of the elements of the business necessity defense under Wards Cove Packing Co. v. Atonio , 490 ... at 81. It further stated that an unacceptable work station was one where, ... indicated that the employer may take into account only the woman's ability to get her job done. ... one sex, however, does not provide an affirmative Title VII defense for a discriminatory refusal to ...

  • 539 U.S. 306 (2003), 02-241, Grutter v. Bollinger

    ... is no less strict for taking into account complex educational judgments in an area that ... Id. at 208a-209a. Munzel stated there is no number, percentage, or range of ... expressly or implicitly, by our affirmative action cases decided since Bakke. It is true ... But the Court eschews even this weak defense of its holding, shunning an analysis of the ...

  • 564 U.S. 462 (2011), 10-179, Stern v. Marshall

    ... trustee for affirmative relief, all of the substantial. factual ... initial complaint by asserting truth as a defense to the. alleged defamation and by filing a ...Counsel. stated that even though Pierce thought it was " ... account, while the broker filed a lawsuit in Federal ...

  • 462 U.S. 611 (1983), 81-984, First Nat. City Bank v. Banco Para El Comercio Exterior De Cuba

    ..., structure, and administration.  Bancec's stated purpose was "to contribute to, and collaborate ... the requested amount to Banco Nacional's account and applied the balance in Banco Nacional's ... value of its seized branches, not an affirmative recovery of damages.  2   On July 7, 1961, ... dealing" bars the state from asserting a defense of sovereign immunity to defeat a setoff or ...

  • 410 U.S. 113 (1973), 70-18, Roe v. Wade

    ... protected right not assertable as a defense against the good faith state prosecutions pending ...Although he stated that he has been arrested in the past for ... pending state criminal case cannot affirmatively challenge in federal court the statutes under ... that, in making this determination, "account may be taken of the pregnant woman's actual or ...

  • 544 U.S. 228 (2005), 03-1160, Smith v. City of Jackson

    ...A. Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837, to the EEOC's ...The stated purpose of the plan was to "attract and retain ...'s age" is to do so "by reason of" or "on account of" her age. See Webster's Third New ...       In addition to this affirmative evidence of congressional intent, I find it ...

  • 524 U.S. 274 (1998), 96-1866, Gebser v. Lago Vista Indep. Sch. Dist.

    ... to a passage in Franklin in which we stated: "Unquestionably, Title IX placed on the Gwinnett ... funds, that duty constitutes an affirmative undertaking that is more significant than a mere ... any question concerning the affirmative defenses that might eliminate or mitigate the recovery of ... action in 1972 must take into account its contemporary legal contest. In sum, it is not ...

  • 510 U.S. 569 (1994), 92-1292, Campbell v. Acuff-Rose Music, Inc.

    ... 2 Live Crew, as the proponent of the affirmative defense of fair use, to summary judgment. Pp. ... presumption for parody could take account of the fact that parody often shades into satire ... . 449, n. 31, and stated that the commercial or nonprofit educational ...

  • 651 F.3d 30 (D.C. Cir. 2011), 05-3050, United States v. Moore

    ...The court allowed the defense counsel to dispute the validity of each ... For those reasons, the Supreme Court has stated that " in the absence of exceptional ... agent, who was also a certified public accountant, " to summarize the evidence about the complex ...       A district court has an " affirmative duty" to " engage in an adequate inquiry into the ...

  • 676 F.3d 144 (4th Cir. 2012), 10-2007, Rosetta Stone Ltd. v. Google, Inc.

    ... must register for a Google AdWords account before bidding on a keyword. Under AdWords' ...The district court then stated that it had " [b]alanc[ed] all of the disputed ... of the nominative fair-use doctrine as a defense to trademark infringement or whether this ... here, and we reject it as a possible affirmative defense for Google.          III. ...

  • 565 U.S. 171 (2012), 10-553, Hosanna-Tabor Evangelical Lutheran Church and School v. Equal Employment Opportunity Commission

    ... at which school administrators stated that Perich was. unlikely to be physically ... taking into account both the importance that the Lutheran. ... with two defenses to claims of discrimination that arise. ... as an affirmative defense); Bryce, 289 F.3d, at 654. (same); ...

  • 542 U.S. 129 (2004), 03-95, Pennsylvania State Police v. Suder

    ... also hold, the employer may raise an affirmative defense to liability. To prevail on the basis of ... Court stated, because she unreasonably failed to avail herself ... 2002) ("the jury reasonably can take into account how the employer responded to the plaintiff's ...

  • 538 U.S. 135 (2003), 01-963, Norfolk & Western Railway Co. v. Ayers

    ...       (a) The trial judge correctly stated the law when he charged the jury that an ...'s liability by abolishing common law defenses that limited employees' ability to recover ... to between $523,605 and $1,204,093 to account for the comparative negligence of the ... case, to evaluate a plaintiff's affirmative answer.         Second, the law's ...

  • 463 U.S. 418 (1983), 81-1032, U.s. v. Sells Engineering, Inc.

    ... and secretarial assistants, and certain Defense Department experts for use in preparing and ... such attorney's duty."   The court also stated that disclosure was warranted because the ... access, but it threatens to do affirmative" mischief.  The problem is threefold. . .    \xC2"... law enforcement agencies, but also accountants, handwriting experts, and other persons with ...

  • 834 F.3d 263 (3rd Cir. 2016), 13-9003, Dennis v. Secretary, Pennsylvania Department of Corrections

    After a jury trial, Defendant was found guilty of first-degree murder. The jury sentenced Defendant to death. The Pennsylvania Supreme Court affirmed the convictions on appeal, rejecting Defendant’s claims that the prosecution violated Brady v. Maryland. The Supreme Court denied Defendant’s application for postconviction relief. Defendant then filed an application under 28 U.S.C. 2254. The...

    ... Bertha simply stated “ three,” which was Dennis. App. 586. ... preliminary hearing. Defense counsel focused his. cross-examination on ... with Dennis’s account. Smith testified that Dennis was. dressed ...Prosecutors have an. affirmative duty “ to disclose [Brady ]. evidence .. ...

  • 549 U.S. 199 (2007), 05-7058, Jones v. Bock

    ...     (a) Failure to exhaust is an affirmative defense under the PLRA, and inmates are not ...account for an outsized share of filings" in federal ...The Magistrate stated that even if the claims against Pramstaller had ...