account stated affirmative defense

19266 results for account stated affirmative defense

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  • 860 F.2d 1514 (9th Cir. 1988), 86-2721, Ackerman v. Western Elec. Co., Inc.

    ...         The Supreme Court recently stated that "the mere fact that a broad contractual ... then lists what have been treated as affirmative defenses: that an "employee, because of his or ..., the trial judge was entitled to take account of fees customarily charged by that attorney and ...

  • 374 F.3d 93 (2nd Cir. 2004), 03-7243, Kerman v. City of New York

    ... Crossan waived his qualified immunity defense by not pursuing it at trial, and (3) because the ... his girlfriend Phyllis Landau and stated that he might purchase a gun to commit suicide ... ("a fact-finder" crediting Kerman's account of the facts "could well find that the police ... because qualified immunity is an affirmative defense, it is incumbent upon the defendant to ...

  • 726 F.3d 717 (5th Cir. 2013), 12-41273, Miller v. BAC Home Loans Servicing, L.P.

    ... denial of the Millers' request for an accounting from NDE. We REMAND for further proceedings ... further concluded that the Millers had not stated a claim for an accounting independent of their ... because the statute of frauds is an affirmative defense that BAC never pled in an answer but, ...

  • 995 F.2d 1224 (3rd Cir. 1993), 92-1380, Menichini v. Grant

    ..., invokes the statute of limitations as a defense to a check fraud action; and (2) whether ...After Best installed a computer accounting system, Grant became exclusively responsible for ...At oral argument counsel for Mellon Bank stated the stipulated amount was $9,675.20. 4 The ... 12 Mellon Bank has not advanced the affirmative defense embodied in § 3-419(c), D & G Equipment ...

  • 599 F.3d 360 (4th Cir. 2010), 08-4088, United States v. Green

    ...For reasons stated on the record at the conclusion of the hearing, ...'s failure to include Boyd's " theory of defense" instruction. J.A. 377; 710-11. 5 During closing ... sale of real property; he did not take account of ordinary living expenses, e.g., food, ... Green's contention that he affirmatively withdrew from the drug conspiracy and abandoned ...

  • 442 F.2d 159 (3rd Cir. 1971), 19027, Contractors Ass'n of Eastern Pa. v. Secretary of Labor

    ... $500,000, shall submit an acceptable affirmative action program which includes specific goals for ... contracting agencies include in all defense contracts a covenant not to discriminate against ...This order among other provisions stated that a non-discrimination clause would be deemed ... * * * of such individual or groups on account of an imbalance which may exist with respect to ...

  • 7 F.3d 310 (2nd Cir. 1993), 1512, Manufacturers Hanover Trust Co. v. Yanakas

    ... (a) dismissed three of Yanakas's affirmative defenses and counterclaims, which asserted that ..., on the ground that the guarantee stated that it was "absolute and unconditional," (b) ..., $300,000 in compensatory damages on account of his payment of $100,000 on ARM's loans and his ...

  • 380 F.3d 932 (6th Cir. 2004), 02-3461, Williams v. Bagley

    ...at 2784-85.         Later, defense counsel requested that the court reexamine ...J.A. at 143. It stated, "accepting the testimony that Eddleman was not ...But how I feel doesn't account for anything in this case. And how you feel about ... questions are answered in the affirmative, the petitioner must demonstrate that there was ...

  • 523 F.3d 200 (3rd Cir. 2008), 06-1061, Chainey v. Street

    ... considered other methods to breach the defenses MOVE had erected. Later that afternoon, a police ... sliding doors, siding, and windows--would account for seventy percent of the total projected ...We agree.          Affirmative defenses should be asserted in the appropriate ...At a meeting in April 2000, he stated" that the city would inspect all houses.    \xC2"...

  • 124 F.3d 73 (2nd Cir. 1997), 1311, Brown v. Artuz

    ... rests with either the trial judge or defense counsel; and (3) if the responsibility rests with ...She stated that while she generally got along with Barr's ... case, the plausibility of the defendant's account, and the ability of the defendant to withstand ..., "justification is a defense, not an affirmative defense, and therefore the People bear the burden ...

  • 521 U.S. 642 (1997), 96-842, United States v. O'Hagan

    ...Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837,844. In this case, ...Judge Fagg, dissenting, stated that he would recognize and enforce the ... a corporation, but also to attorneys, accountants, consultants, and others who temporarily become ... knowledge of the relevant rule is an affirmative defense to a sentence of imprisonment. See ...

  • 677 F.3d 1047 (11th Cir. 2012), 11-11659, Holland v. Gee

    ... that pleading, he did not assert the affirmative" defense of after-acquired evidence.       \xC2"... of problems" was, Chief Deputy Docobo stated that it went " back literally, uh, well over a ... rule, the Court explained, best took into account " the lawful prerogatives of the employer in the ...

  • 625 F.3d 294 (6th Cir. 2010), 08-2088, Sykes v. Anderson

    ... Nichols had drafted, providing Urquhart's account of the robbery. Both Sykes and Holmes also ... the gaming records to the Plaintiffs' defense attorneys. Sgt. Anderson also never revealed-to ... it to the jury," thereby fulfilling the stated purpose of the Rule. Id. at 492 (internal ... predicate his liability on his affirmative misrepresentations and omissions in his ...

  • 268 F.3d 1014 (11th Cir. 2001), 99-12813, Marsh v Butler County Alabama

    ... Federal Rules of Civil Procedure and the defense of qualified immunity. 1 We first decide whether Plaintiffs have sufficiently stated a claim against a County, its governing . . ... -- on their face -- show that an affirmative defense bars recovery on the claim. See Quiller ... were made to make sure they were all accounted for, 5) locks on cell doors were not functional, ...

  • 360 F.3d 1103 (9th Cir. 2004), 01-57065, McGinest v. GTE Service Corp.

    ... to produce sufficient evidence that GTE's stated" reason for failing to promote him was a pretext. \xC2"... opportunity, discrimination, or affirmative action, discuss them with your supervisor or ... environment; 2) failure to promote on account of race; and 3) failure to promote on account of ... abused men and women alike" provides no defense to an accusation of sexual harassment. Steiner, ...

  • 330 U.S. 446 (1947), 69, American Stevedores, Inc. v. Porello

    ..., denying fault and asserting as an affirmative defense that, by accepting compensation payments ... the United States liable for damages on account of personal injuries. The Circuit Court of ...That letter explicitly stated that. he proposed bill intends to give the same ...

  • 136 F.3d 1055 (6th Cir. 1998), 96-3853, Kallstrom v. City of Columbus

    ...    During the Russell criminal trial, defense counsel requested and obtained from the City ...' banking institutions and corresponding account information, including account balances; their ...at 713, 96 S.Ct. at 1166, this court stated in DeSanti that any constitutional right to ... does not impose upon the state an affirmative duty to protect its citizens against private acts ...

  • 996 F.2d 522 (2nd Cir. 1993), 947, Ying Jing Gan v. City of New York

    ...He also stated that he had "never 'counselled' the police not to ... that supported the Rettler Affidavit's account of these events:. I have informed Mr. Ta of my ...These defenses of absolute immunity and qualified immunity are ... Constitution imposes upon the State affirmative duties of care and protection with respect to ...

  • 910 F.2d 1084 (3rd Cir. 1990), 89-1400, United States v. Pungitore

    ...According to Salerno, Scarfo then stated " 'I think, I'll give him another one.' " ... plaintiffs are not politically accountable for their exercise of prosecutorial discretion). ... process claim, the defendant must affirmatively establish vindictiveness, as the fact of multiple ...The thrust of the defense was to attack DelGiorno's and Caramandi's ...

  • 600 F.3d 934 (8th Cir. 2010), 09-1880, Chorosevic v. MetLife Choices

    ... and pay them out of the " banked money" account. She explained, " Since I was not aware that I ... in April 2006, asserting several affirmative defenses, including failure to exhaust ... raised the banked money issue when she stated that United " saves money as the secondary ...

  • 429 U.S. 125 (1976), 74-1589, General Electric Co. v. Gilbert

    ... one exception to the cost differential defense." Id. at 383.         The ultimate ... letter regarding pregnancy, we have stated, .         The Commission policy in this ...420] taking pregnancy into account in fashioning disability policies. Unlike the ...        An affirmative answer to that question would not necessarily ...

  • 515 U.S. 900 (1995), 94-631, Miller v. Johnson

    ... denying or abridging the right to vote on account of race or color." 42 U.S.C. § 1973c. "[T]he ...400, 410 (1991) ("We may not accept as a defense to racial discrimination the very stereotype the ... is necessary before implementing affirmative action), with Heller v. Doe, 509 U.S. 312, 320 ...As stated in a classic study of ethnicity in one city of ...

  • 919 F.2d 1091 (6th Cir. 1990), 88-5467, Kordenbrock v. Scroggy

    ...stated: "I did it.. [t]hat's all I can tell you is that ... damning statements that undermined his defense of diminished capacity. The officer who was ... under Caldwell there must be "some affirmative misstatement or misconduct that misleads the jury ...at 269. The doctor's report took into account Kordenbrock's drugs and alcohol intake the ...

  • 27 F.3d 1196 (7th Cir. 1993), 92-2399, United States v. Hollingsworth

    ... decision had created a new element of the defense of entrapment--"readiness"--and by doing so had ... wire transfer of $20,000 to Hinch's bank account and after the transfer was confirmed would take ...As stated above, Pickard's eagerness to perform unlawful ...affirmative defense of entrapment is well established. In ...

  • 208 F.3d 41 (2nd Cir. 2000), 99-2461, Purdy v United States

    ... had prejudiced Purdy in his defense, and that therefore the second part of the ...] Standards place[] upon counsel an affirmative duty to avoid exerting 'undue influence on the ... in this critical area may take into account, among other factors, the defendant's chances of ...at 684, or, stated a bit more broadly, to ensure a fairly arrived at ...