account stated affirmative defense

19264 results for account stated affirmative defense

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  • 485 F.3d 770 (3rd Cir. 2007), 06-2399, Jakimas v. Hoffmann-La Roche, Inc.

    ...Roche asserts the affirmative defenses of a release and tender ...He stated that JCI would begin managing maintenance on ... distinct, [and] an employer can take account of one while ignoring the other, and thus it is ...

  • 703 F.3d 757 (5th Cir. 2012), 11-41192, Newman v. Guedry

    ... the appeal for want of jurisdiction on account of our finding material those facts the district ... qualified immunity is " nominally an affirmative defense," the plaintiff bears a heightened burden ...3034, 97 L.Ed.2d 523 (1987)). Re-stated, " existing precedent must have placed the ...

  • 450 U.S. 754 (1981), 78-1945, Universities Research Assn., Inc. v. Coutu

    ... will pay wages not less than those stated in the specifications. Petitioner made a contract ... would submit inflated bids to take into account the possibility that they would have to pay wages ..., and in such proceedings it shall be no defense that such laborers and mechanics accepted or ... complaint, petitioner alleged as an affirmative defense that the complaint failed to state a ...

  • 618 F.3d 253 (3rd Cir. 2010), 09-1182, EBC, Inc. v. Clark Bldg. Systems, Inc.

    ...'s claims for breach of contract and an account stated. It denied summary judgment on State ... judgment inappropriate and rejecting defense counsel's attempt to eliminate genuine issues of ... reason why A & M would shoulder an affirmative burden to introduce testimony for the sole ...

  • 481 F.2d 1079 (D.C. Cir. 1973), 72-1331, Scientists' Institute for Public Information, Inc. v. Atomic Energy Commission

    ...Taking into account the magnitude of the ongoing federal investment ... facilities, and, assuming an affirmative answer to this question, whether a statement ... focus on the Commission's first line of defense-the applicability of NEPA to technology research ... first LMFBR demonstration plant, the EPA stated:. "Because of the importance of the LMFBR ...

  • 458 F.3d 892 (9th Cir. 2006), 03-99001, Hovey v. Ayers

    ...         The defense theory was that Hovey did not intend to kill ... witness's prior testimony, defense counsel stated that he was not prepared to make objections at ... their credibility, characterizing their account of events as "unreliable" and "suspect." Counsel ... was presented at trial, so an affirmative statement that there was no physical evidence of ...

  • 243 F.3d 57 (1st Cir. 2001), 00-1340, Invest Almaz v. Temple-Island Foreset Products

    ... foreclosure, Temple-Inland would have to account to Pathex for any surplus resulting from the ... a theory that Temple-Inland made affirmative misstatements to Invest Almaz. Magistrate Judge ..., Temple-Inland's general counsel, who stated that the payment would not have been required if ... inference of prejudice to Temple-Inland's defense. The inference seems particularly strong here, ...

  • 615 F.2d 964 (3rd Cir. 1980), 79-1212, Government of Virgin Islands v. Smith

    ... claim that immunity must be provided to defense witnesses. Although the Herman court rejected the ... established until Herman when this court stated:.         (W)e think that the ... remedy in the present case must take into account the fact that a retrial would be meaningless ...         Due to the unique and affirmative nature of the immunity remedy and fundamental ...

  • 539 U.S. 194 (2003), 02-361, United States v. American Library Association

    ... See, e.g., Cornelius v. NAACP Legal Defense & Ed. Fund, Inc., 473 U.S. 788, 802-803. Unlike ... The fact that a library reviews and affirmatively chooses to acquire every book in its collection ..."The central difference," the court stated,. is that by providing patrons with even ... considerations that may be taken into account in the grantmaking process are a consequence of ...

  • 318 U.S. 109 (1943), 300, Palmer v. Hoffman

    ...-examination, a witness for the plaintiff stated he had given to the plaintiff's lawyer, the ... not make contributory negligence an affirmative defense, but relates only to the manner of ... petitioners in an action for damages on account of injury and death alleged to have been due to ...

  • 524 U.S. 666 (1998), 97-873, United States v. Balsys

    ... of guarantees of grand jury proceedings, defense against double jeopardy, due process, and ... proceeding the privilege applied on account of fear of state prosecution, concluding "that ... government has an option to exchange the stated privilege for an immunity to prosecutorial use of ... that, which, if he answers in the affirmative, will subject him to the punishment of a crime." ...

  • 494 F.3d 344 (2nd Cir. 2007), 05-6309, Zellner v. Summerlin

    ...( Id. at 349.) He stated that he was also kicked or kneed in the jaw and ... A still photograph, PX 19A, which by all accounts depicts the scene inside that crowd moments ... the court decide their qualified immunity defense as a matter of law:. . ...       Qualified immunity is an affirmative defense. See Gomez v. Toledo, 446 U.S. 635, ...

  • 459 F.3d 1276 (11th Cir. 2006), 03-13639, United States v. Smith

    ... the close of the Government's case, the defense moved for judgment of acquittal under Federal ...          As we stated in our prior opinion, the Supreme Court has ... , we answer this question in the affirmative." Id. We later made this reliance even more ... hearing to 1,768 at trial--and no accounting of what was seized, to challenge the officer's ...

  • 709 F.3d 413 (5th Cir. 2013), 11-20323, United States v. Heard

    ...Lambert is a certified public accountant (CPA). In the mid-1980s, Heard started his own ... of acquittal based on his withdrawal defense. Relatedly, he argues that the . . district ..., in this circuit, withdrawal is an affirmative defense, and the burden of proof is on the ...Heard stated that he would put the blame on Lambert, and ...

  • 911 F.2d 970 (4th Cir. 1990), 89-3245, Lasercomb America, Inc. v. Reynolds

    ... case is complex, with various claims and defenses experiencing both death and resurrection on ... infringement, rejecting their affirmative defenses of misuse of copyright and lack of ...630 (1953), the Supreme Court stated:.         The economic philosophy behind ... buyers--other than Holiday Steel--on account of the copying. Thus, damages can be properly ...

  • 161 F.3d 1290 (11th Cir. 1998), 97-2952, Gonzalez v. Lee County Housing Authority

    ... presented Gonzalez with a letter that stated in part: "This is to advise you that under no ... judgment motion that is based on the affirmative defense of qualified immunity. See Walker v. ... in the exercise or enjoyment of, or on account of his having exercised or enjoyed, or on account ...

  • 185 F.3d 557 (6th Cir. 1999), 98-3340, Painter v Robertson

    ... and further that he had an affirmative defense for the carrying of a concealed weapon." ... 6 above, that Robertson had previously stated that he considered Lucky's to pose a public ... had corroborated Shepard's or Doan's account of Painter's usage of his pistol, he was unable ...

  • 483 F.3d 313 (5th Cir. 2007), 04-50393, United States v. Fields

    ...At the expense of a chronological account of the trial proceedings, we begin by addressing ... [The judge] stated that the pre-sentence investigation revealed many ...-examination, in denying 'opportunity for (defense) counsel to challenge the accuracy or materiality ... complains that the court did not affirmatively question the parties involved. Yet, the purpose ...

  • 179 U.S. 19 (1900), 29, Saxlehner v. Eisner & Mendelson Company

    ... fraud upon his rights, and that the defense of laches was not maintained.          ... and capsules affixed thereto as before stated, with the knowledge, consent, and acquiescence of ... of his red and white label, apparently on account of the lack of efficient statutes upon the ... use, that excuse is disposed of by affirmative action to put a stop to it. Persistence then in ...

  • 136 F.3d 695 (10th Cir. 1998), 96-8014, Frontier Refining, Inc. v. Gorman-Rupp Co., Inc.

    ... Joe Teig, represented Frontier in the defense of these claims.         Following ... of a claim, counterclaim, or affirmative defense that raises as an issue a matter to which ...They merely stated, in response to questions posed by appellants' ... in the circuits, does not adequately account for the importance of the attorney-client ...

  • 124 U.S. 405 (1888), Union Ins. Co. v. Smith

    ... to be true.  The second and third defenses contained in the answer were as follows: . ....  At the close of such testimony it is stated that counsel 'moved the court to take the case ... the master in charge of the vessel, or on account of being unseaworthy, as hereinafter stated, and ... case on the one side, will answer affirmatively, and to the hypothetical case put by the other ...

  • 653 F.3d 863 (9th Cir. 2011), 07-35115, Payne v. Peninsula School Dist.

    ... provisions," which must be pled as an affirmative defense or forfeited, see, e.g., Henderson ...-matter jurisdiction cannot be expanded to account for the parties' litigation conduct; a ... § 1415(g). As we have stated above, the exhaustion provision requires parties ...

  • 378 U.S. 52 (1964), 138, Murphy v. Waterfront Commission

    ...The court stated the rule to be:. that this court shall not ... that which, if he answers in the affirmative, will subject him to the punishment of a crime . ... States sued in an English court for an accounting and payment of moneys allegedly received by the ... must plead and prove, as an affirmative defense, that he has received immunity and that the ...

  • 558 F.3d 284 (4th Cir. 2009), 07-1920, Dotson v. Pfizer, Inc.

    ... position as an Institutional Healthcare Account Manager in Pfizer's National Healthcare ... to assert an after-acquired evidence defense against Dotson. The new defense related to ... a jury could rationally find that Pfizer's stated reason for firing Dotson was pretextual, we ...§ 825.303(b). Pfizer had affirmative obligations it did not meet. The district court ...

  • 237 U.S. 447 (1915), 191, Cumberland Glass Manufacturing Company v. De Witt & Company

    ... Act is to permit the statement of accounts between the bankrupt and his creditor with a view ... of the bankrupt and the creditors, are stated in the opinion.         DAY, J., lead ...         Summing up the defenses made in the state court, the Maryland Court of ... this question can be answered in the affirmative must be the conception that a composition ...