account stated affirmative defense

19315 results for account stated affirmative defense

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  • 742 F.2d 371 (7th Cir. 1984), 82-1055, Evans v. Meyer

    ... to advise Evans that he might have a defense of intoxication either constituted ineffective ... requirement that the defendant affirmatively prove prejudice." Strickland v. Washington, ...Evans therefore affirmatively stated that he agreed with the factual basis for the ... other factors would have to be taken into account. For example, in the present case, the maximum ...

  • 252 F.3d 1124 (10th Cir. 2001), 00-1153, Medina v. Cram

    ... motion for summary judgment based on the defense of qualified immunity. We exercise jurisdiction ... interests, courts recognize the affirmative defense of qualified immunity, which protects ... with the actual seizure are taken into account in determining whether the seizure is ...Finally, the Court stated that "[t]he unprecedented change made by the ...

  • 280 F.3d 124 (2nd Cir. 2001), 00-7699, Wal-Mart Stores v Visa United States Inc.

    ..., to withdraw cash from his or her bank account at an automated teller machine and to make ... common to the class, (3) the claims or defenses. . of the representative parties are typical ... whether the plaintiff or plaintiffs have stated a cause of action or will prevail on the merits, ...       The law is "settled that affirmative defenses should be considered in making class ...

  • 454 U.S. 516 (1982), 80-965, Texaco, Inc. v. Short

    ... if their owners do not take the affirmative" action required by the State. 17 .       \xC2"...Roth , 408 U.S. 564, 577, the Court stated:. Property interests, of course, are not ... trust fund of a judicial settlement of accounts by the trustee of the [102 S.Ct. 795] fund. The ..., and the citizen from being put to his defense after memories have faded, witnesses have died or ...

  • 616 F.3d 321 (4th Cir. 2010), 06-6, United States v. Lighty

    ... to assure a fair trial, and taking into account the reality of the human fallibility of the ...As part of his defense at the guilt phase, Lighty called three ... June had just brought it and then Kenny stated, Back with June Bug. Fixed it. So I said, Oh. ...We answered that question in the affirmative, noting that multiple, consecutive sentences ...

  • 448 U.S. 607 (1980), 78-911, Industrial Union Department, AFL-CIO v. American Petroleum Institute

    ... of its earlier recommendation, NIOSH stated that these studies provided "conclusive" proof of .... . he should take into account that anyone working in toxic agents and physical ... requirement was imposed as an affirmative limit on the standard-setting power. ... that the presence of several different defense mechanisms in the human body make it unlikely ...

  • 447 F.3d 292 (4th Cir. 2006), 04-1314, Ridpath v. Board of Governors Marshall University

    ... of the district court in rejecting this defense at the Rule 12(b)(6) stage. . of these ... Id. Angel further stated that he had previously dealt with similar ... observe that qualified immunity is an affirmative defense, and the burden of pleading it "rests ... Pickering balancing, "we must take into account the context of the employee's speech" and "the ...

  • 427 F.3d 1177 (9th Cir. 2005), 03-35906, Hardage v. CBS Broadcasting, Inc.

    ... that CBS was entitled to assert an affirmative defense to liability based on the Supreme Court's ..., Hardage began working as an advertising account executive for KSTW-TV, a television station owned ...." Leo Elbert, another employee at KSTW, stated that Sparks would "camp out" in Hardage's office, ...

  • 461 F.3d 763 (6th Cir. 2006), 03-6559, Owens v. Keeling

    ..., about his reclassification hearing, but stated that Maloney's office would take no action unless ... the defendant must plead and prove an affirmative defense of nonexhaustion. The Supreme Court has ... "[t]he appellees do not dispute [Owens]'s account of the administrative steps he completed," ...

  • 878 F.3d 89 (4th Cir. 2017), 15-7680, Thompson v. Commonwealth of Virginia

    Plaintiff, an inmate of the VDOC, filed suit under 42 U.S.C. 1983, alleging violations of his constitutional rights primarily stemming from a "rough ride" transporting him in a van. The district court granted summary judgment for defendants. In regard to the Eighth Amendment claim, the Fourth Circuit held that plaintiff has shown facts making out a violation of a clearly established right based...

    ... hour and a half. By Mr. Thompson's account, the van then. made a short stop at a ...Thompson looked and. stated that they were going to make his stay at DMCC a. ...To overcome the qualified immunity defense at the. summary judgment stage, the ... affirmative " obligation to take reasonable measures to. ...

  • 276 F.3d 1091 (9th Cir. 2002), 99-17087, B.K.B. v. Maui Police Dept.

    ... the County of Maui ("the County") offered defense testimony, which the district court admitted, ...She stated that "I am referred to as `Haole' and given the ... Rocky Lassiter corroborated Tihada's account of how on one occasion Plaintiff handed him her ... summary judgment based on employer's affirmative defense of prompt remediation). Such a confluence ...

  • 846 F.3d 547 (2nd Cir. 2017), 14-4662-cv, Restivo v. Hessemann

    ... then signed a statement, which stated that he heard Halstead. make admissions ... account for crime scene and autopsy delays, and that ... put on a joint defense. However, it appears that the. interests of ... the affirmative defense that Officer Pfeiffer was ". acting ...

  • 397 U.S. 664 (1970), 135, Walz v. Tax Comm'n of the City of New York

    ... schools would deny this as an affirmative, if [90 S.Ct. 1413] not dominant, policy of ...Nearly 50 years ago, Mr. Justice Holmes stated:. If a thing has been practised for two hundred ...: To God, therefore, not to men, must an account of it be rendered. As the Bill violates equality ... are accounted for by the Department of Defense, the Veterans Administration, the National ...

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

    ... denying or abridging the right to vote on account of race or color. . . ." 1 . . The question ... legislative committee on reapportionment stated that these changes were made "to overcome Justice ...This has been its primary defense of the plan, which was sustained on that. . ... . fashioning affirmative policies, 2 we must identify those ...

  • 883 F.3d 100 (2nd Cir. 2018), 15-3775, Zarda v. Altitude Express, Inc.

    Sexual orientation discrimination constitutes a form of discrimination "because of . . . sex," in violation of Title VII of the Civil Rights Act. The en banc court held that sexual orientation discrimination was motivated, at least in part, by sex and was thus a subset of sex discrimination. The en banc court overturned Simonton v. Runyon, 232 F.3d 33, 35 (2d Cir. 2000), and Dawson v. Bumble &...

    ... Lambda Legal Defense and Education Fund, Inc., New York, NY,. ... her sex into account by treating him or her differently for. ... 113 (1977). As a result, we have stated that " Title VII. should be interpreted ... affirmative congressional approval of [a particular]. ...

  • 468 U.S. 85 (1984), 83-271, National Collegiate Athletic Association v. Board of Regents

    ... a heavy burden of establishing an affirmative defense that competitively justifies this ... goal without regard to the organization's stated policies.         Before addressing the ...-playing schools, and those schools account for most of the football games shown on network ...

  • 796 F.3d 323 (3rd Cir. 2015), 14-3814, Jones v. Southeastern Pennsylvania Transportation Authority

    Southeastern Pennsylvania Transportation Authority (SEPTA) supervisor Outlaw suspended Jones with full pay after he discovered apparent fraud in her timesheets. Jones complained to SEPTA’s Equal Employment Opportunity Office that Outlaw had “sexually harassed” and “retaliated against” her. Outlaw referred the timesheet matter to SEPTA’s Office of Inspector General, which concluded that Jones...

    ... plaintiff has stated a prima facie case of discrimination or. ... to which employers may assert an affirmative defense.". Pa. State Police v. Suders, 542 ... adopted [Outlaw's] biased account of the events.". Id. For those reasons, we ...

  • 22 F.3d 391 (1st Cir. 1994), 93-1404, Conjugal Partnership Comprised by Joseph Jones and Verneta G. Jones v. Conjugal Partnership Comprised of Arthur Pineda and Toni Pineda

    ... had not pleaded mitigation as an affirmative defense. A. Jurisdiction.         This ...The removal petition also stated that,. [i]n order to determine whether the ... retained experts (certified public accountants) who authored reports on plaintiff's damages, and ...

  • 504 U.S. 719 (1992), Morgan v. Illinois

    ..., in all truth and candor, respond affirmatively to both types of questions, personally confident ... the trial court, over opposition from the defense, questioned each venire whether any member had ... defendant challenged for cause a juror who stated during voir dire that he would automatically ...Taking appropriate account of the opportunity for the trial court to observe ...

  • 325 U.S. 91 (1945), 42, Screws v. United States

    ... punishments, pains, or penalties, on account of such inhabitant being an alien, or by reason ... be acting illegally under color of law, as stated by this statute, and would be depriving the ...         The defense is not pretty. Nor is it valid. By a long course ...         Common sense gives an affirmative answer to that problem. The reference in § 20 to ...

  • 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 ...

  • 513 F.3d 146 (5th Cir. 2008), 06-41785, XL Specialty Ins. Co. v. Kiewit Offshore Services, Ltd.

    ... refused, and Atlantic tendered a defense.          RBT settled with the Moreno ... Kiewit owned the facility, the report stated the percentage of fault could be higher. ... ANY OTHER CLAIMS, SUITS OR LIABILITY ON ACCOUNT OF ACTS OR OMISSIONS OF SUBCONTRACTOR, OR ANY OF ... neither argument was raised as an affirmative defense in their pleadings.2 On appeal, ...

  • 723 F.3d 1234 (11th Cir. 2013), 12-12767, United States v. Vernon

    ...Demouey stated that " when the doctor would write the ... to Lori Brill/HMS, the Vernons' main defense at trial was that they thought Medfusion's ...One account of the meeting came from Jeff Vernon's deposition ... faith reliance on advice of counsel affirmative" defense. We reject this argument too.      \xC2"...

  • 766 F.3d 809 (8th Cir. 2014), 10-1990, Dansby v. Hobbs

    ... from across the street, also offered an account of Brenda's death. According to his trial ...Dansby stated that he had left the scene with two guns, a .32 ... that Dansby acted in lawful self-defense" when he killed Brenda and Kimble. .       \xC2"... for failing to present the affirmative defense of self-defense. Dansby contends that ...

  • 434 F.3d 75 (1st Cir. 2006), 04-2614, Arrieta-Colon v. Wal-Mart Puerto Rico, Inc.

    ... in failing to instruct the jury on an affirmative defense under Burlington Industries, Inc. v. ... certified that Arrieta was disabled on account of dysthymic disorder and that such disability ... to the taunting of Arrieta, Crespo stated: "I didn't feel the need to . . . contact any ...