account stated affirmative defense

18037 results for account stated affirmative defense

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  • 570 U.S. 421 (2013), 11-556, Vance v. Ball State University

    ... an affirmative defense, that (1) the employer exercised. ... The definition adopted today accounts for the fact that many. modern ...Vance. stated in an affidavit that the general manager of the. ...

  • 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 ...

  • 477 U.S. 317 (1986), 85-198, Celotex Corp. v. Catrett

    ... summary judgment must always make an affirmative evidentiary showing, even in cases where there is ... . claims or defenses, and we think it should be interpreted in a way ... District of Columbia, the District Court stated at the end of the argument:. The Court will ... persuasion, the court is obliged to take account of the entire setting of the case, and must ...

  • 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 ...

  • 422 U.S. 405 (1975), 74-389, Albemarle Paper Co. v. Moody

    ... prejudiced by the granting of such affirmative relief. The defendants might have chosen to ... suffered a loss of wage opportunities on account of Albemarle's unlawfully discriminatory system ... declined to make such an award on two stated grounds: the lack of "evidence of bad faith ... that respondents' delay prejudiced their defense so substantially as to make an award of ...

  • 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 ...

  • 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 ...

  • 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 ...

  • 384 U.S. 436 (1966), 759, Miranda v. Arizona

    ..., our predecessors on this Court eloquently stated:. The maxim nemo tenetur seipsum accusare had ... evidence which negates the self-defense explanation. This should enable him to secure the ...454 (1944).         On account of the Lilburn Trial, Parliament abolished the ...While such request affirmatively secures his right to have one, his failure to ask ...

  • 519 U.S. 102 (1996), 95-853, M. L. B v. S. L. J.

    ... of the governing Mississippi statute and stated, without elaboration, that respondents, the ... of the governmental interest advanced in defense of the intrusion. Pp. 113-116. ... the Constitution to adjust all tolls to account for "disparity in material. . circumstances." ... Constitution "generally confer[s] no affirmative right to governmental aid, even where such aid ...

  • 207 F.3d 1303 (11th Cir. 2000), 97-8189, Alexander v Fulton County Georgia

    ... 7 positions of captain or major on account of his race, and that he was not permitted to ... .         In analyzing a defense of qualified immunity, we first consider whether ...As we have stated, the claims all center on the core allegation of ...Second, the dialogue regarding affirmative action increased in the 1980's when five of the ...

  • 428 U.S. 1 (1976), 74-1302, Usery v. Turner Elkhorn Mining Co.

    ... in § 411(c)(4) to apply to an operator's defense in a § 415 transition period case, the court ... arbitrary because they fail to account" for varying degrees of exposure. Pp. 27-30.   \xC2"...As the Surgeon General has stated, however, post mortem examination data have ..., rather than by the claimant's affirmative factual showing. 33 Our attention has not been ...

  • 466 U.S. 668 (1984), 82-1554, Strickland v. Washington

    ..." In preparing for the sentencing hearing, defense counsel spoke with respondent about his ... binding on the federal court to the extent stated by 28 U.S.C. § 2254(d), but is a mixed question ... [A]s a matter of law, the record affirmatively demonstrates beyond any doubt that even if ...The account of trial counsel's actions and decisions given ...

  • 239 F.3d 1004 (9th Cir. 2001), 00-16401, A&M Records v. Napster

    ...and Eagle Forum Education and Legal Defense Fund.          Professor Jessica Litman, ...          Napster asserts an affirmative defense to the charge that its users directly ... and use of [the text] without having to account to the copyright holder"); American Geophysical ...As stated in our discussion of the district court's general ...

  • __ U.S. __ (2016), 15-339, Ross v. Blake

    ...But Ross raised (as an affirmative defense). the exhaustion requirement of the ... account. When it comes to statutory exhaustion ... principles stated below. . .          I. ...

  • 572 U.S. 65 (2014), 12-895, Rosemond v. United States

    ... an affirmative act in furtherance of the underlying offense. ...Under that statute, the. judge stated, " [a] person who aids or abets another to. ... first Rosemond's account of his conduct (divorced from. any issues ... affirmative defense into a part of the required mens. rea, and ...

  • 564 U.S. 604 (2011), 09-993, PLIVA, Inc. v. Mensing

    ... Manufacturers' pre-emption defense fails because they. failed to ask the FDA ... federal affirmative defense of pre-emption does. Mensing and. ... take into account these possible actions by the FDA and the. ... illusory, for the reasons just stated. To the extent the. majority is concerned ...

  • 473 U.S. 667 (1985), 84-48, United States v. Bagley

    ...The Court of Appeals also stated that it "disagree[d]" with the District Court's ..., had the evidence been disclosed to the defense, the result of the proceeding would have been ... and Mitchell had "fabricated" their accounts, 14 Tr. 1117, but the court rejected the ... that, in Giglio, the prosecutor affirmatively stated to the trier of fact that no promises ...

  • 542 U.S. 692 (2004), 03-339, Sosa v. Alvarez-Machain

    ... judicial role in the field have not affirmatively encouraged greater judicial creativity. Pp. ...        Taking these matters into account, as I believe courts should, I can find no ... Restatement 2d) ("The original Restatement stated that, with minor exceptions, all substantive ... provisions concerning war and national defense]"). It is hardly apparent, however, that Congress ...

  • 523 U.S. 574 (1998), 96-827, Crawford-El v. Britton

    ... proof standard for a plaintiff's affirmative case. In Harlow, the Court found that the ... objective standard for judging that defense, shielding officials from "liability. . for ... can be attributed to holding one accountable for actions that he or she knew, or should have ... case; there the school board plainly stated that its reason for discharging the plaintiff ...

  • 66 F.3d 1295 (2nd Cir. 1995), 1180, Tomka v. Seiler Corp.

    ... of on-site managers, also known as account or location managers, district managers, and ... executive in Seiler's Sales Division, stated that he would buy a diamond bracelet for someone ... present any evidence to counter Seiler's defense that the wage differentials between Tomka and six ... disparity is justified by one of four affirmative defenses: i) a merit system; ii) a seniority ...

  • 557 U.S. 557 (2009), 07-1428, Ricci v. DeStefano

    ...-treatment prohibition absent some valid defense. All the evidence demonstrates that the City ... examinations, with the written exam accounting for 60 percent and the oral exam 40 percent of an ...Ude stated that under federal law, "a statistical ...] Nor do we question an employer's affirmative efforts to ensure that all groups have a fair ...

  • 524 U.S. 775 (1998), 97-282, Faragher v. City of Boca Raton

    ... by a supervisor, but subject to an affirmative defense looking to the reasonableness of the ... as a matter of law, the need for a stated policy suitable to the employment circumstances ... of Appeals have held employers liable on account of actual knowledge by the employer, or ...

  • 443 U.S. 193 (1979), 78-432, United Steelworkers of America, AFL-CIO-CLC v. Weber

    ...The agreement included an affirmative action plan designed to eliminate conspicuous .... . of such . . . group on account of .         a de facto racial ... question this Court's adherence to the oft-stated principle that our duty is to construe, rather ...In a lengthy defense of the entire civil rights bill, Senator Muskie ...

  • 398 U.S. 30 (1970), 728, Dickey v. Florida

    ..., two witnesses died, another potential defense witness allegedly became unavailable, and ... . to an obligation to act affirmatively to secure his presence for trial; failure of the ...She stated that she could not [90 S.Ct. 1568] recall having ... very likely govern most prosecutions, account would need to be taken of those types of cases ...