account stated affirmative defense

19291 results for account stated affirmative defense

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  • 556 F.3d 484 (6th Cir. 2009), 07-4461, Everson v. Leis

    ... over Defendants' qualified-immunity defenses. We further conclude that Defendants are immune ...In that declaration, counsel stated that as a result of the prior counsel's failure ... into question Deputy Sheriff Wittich's account that Everson continued to pose a threat even ... out during a seizure can be an affirmative defense in certain instances, see In re ...

  • 456 F.3d 278 (1st Cir. 2006), 05-1736, Ferrara v. United States

    ...witness, Mr. Jordan stated to me that Patty's Barone had fucked up and did ... the Coleman memo comprised "a reliable account of what Jordan told Auerhahn and Coleman in ... substance of Jordan's recantation to the defense. Even after Jordan had told him that the ...affirmative misrepresentations to the petitioner. In its ...

  • 272 F.3d 189 (3rd Cir. 2001), 00-2428, GFL Advantage Fund v Colkitt

    ...For the reasons stated herein, we will affirm the orders of the district ... of a security borrowed by, or for the account of, the seller"); Black's Law Dictionary 1339 ... 6, 1997, Colkitt filed an answer, affirmative defenses, and six counterclaims. The affirmative ...

  • 798 F.2d 985 (7th Cir. 1986), 85-1717, United States v. Allen

    ... a federal prosecutor to produce for the defense any statement or report made by a witness which ...Allen stated that he had no choice but to build the bomb after ... what he wrote and that the witness affirmatively stated his approval.         But an ... the prejudicial effect, taking into account the offer to stipulate." United States v. ...

  • 483 U.S. 468 (1987), 85-1716, Welch v. Texas Department of Highways and Public Transportation

    ... only where stated "by the most express language or by such ... courts disallow the invocation of this defense. .         377 U.S. at 198-199 (WHITE, ... deposited most of the proceeds in his own account, and had not turned them over to the State at the ...: A Narrow Construction of an Affirmative Grant of Jurisdiction Rather than a Prohibition ...

  • 910 F.2d 843 (D.C. Cir. 1990), 89-3118, U.S. v. North

    ... in refusing to instruct the jury on the defense of authorization purportedly recognized in United ...Stated conversely, use immunity conferred under the ... Court characterized the government's affirmative burden as "heavy." Most courts following Kastigar ...He also read press accounts of the testimony and was part of a CIA prep team ...

  • 658 F.3d 35 (1st Cir. 2011), 08-1846, United States v. Mubayyid

    ... incorporated by Muntasser in 1993 with a stated purpose of providing worldwide humanitarian aid. ... contributions into Al-Kifah's bank account (though these contributions were eventually ... permissible, it was prejudicial to their defense, requiring that we affirm the district court's ... supporters, and it sought to generate affirmative conduct to benefit the mujahideen. Hence, based ...

  • 765 F.2d 1004 (11th Cir. 1985), 84-5106, Woods v. Barnett Bank of Ft. Lauderdale

    ... thereafter, they opened a checking account at Barnett Bank and applied for and received a ...On the loan application form they stated that the source of repayments would be "income ... and abettor who combines silence with affirmative assistance, the degree of knowledge required ... be appropriate if an unfounded action or defense is brought or maintained for oppressive reasons, ...

  • 601 F.3d 1159 (11th Cir. 2010), 08-16430, Sacred Heart Health Systems, Inc. v. Humana Military Healthcare Services, Inc.

    ... Activity (" TMA" ), a unit of the Defense Department that administers TRICARE for the ... extrinsic evidence relevant to the affirmative defenses of ratification and waiver would ... at the time of the reimbursement change, stated that he had not " review[ed] [any] network[ ] ... the use of funds in an advertising account. In holding that variation in the agreements' ...

  • 960 F.2d 212 (1st Cir. 1992), 91-1546, United States v. Weston

    ... the instructions as a whole, taking into account whether the putative errors so skewed the entire ..., "a crime of violence." The court then stated that, "as a matter of law," the crimes charged in ... the administration of justice." 4 The defense contended that the conduct could not be said to ... defendant went there with an actual affirmative intention to dissuade Wendell Brann from ...

  • 136 F.3d 94 (2nd Cir. 1997), 73, Lee v. Sandberg

    ...Mrs. Lee changed her earlier account and stated that in the bedroom Mr. Lee pushed her ... amended complaint, setting forth two affirmative defenses for qualified immunity and immunity ...

  • 424 F.3d 1027 (9th Cir. 2005), 03-16959, Dominguez-Curry v. Nevada Transp. Dept.

    ...Stacey and Elicegui stated that they arrived at their choices independently ... to conclude at trial that the plaintiff's account is insufficiently detailed to be believable, the ... animus will be entitled to a partial affirmative defense that limits the remedies a court may ...

  • 326 F.3d 176 (3rd Cir. 2003), 01-3148, United States v. Brennan

    ... the negative that the assertions made by defense counsel that a witness is lying are not supported ... in Dispoz-O-Plastics , the prosecutor stated, "[the Government witnesses] told the Government ...Brennan and Mr. Gaito [Brennan's accountant]. There's also no evidence that this didn't .... . these cases have involved affirmative coercive conduct of the district court, such as ...

  • 423 F.3d 606 (6th Cir. 2005), 04-5688, Balmer v. HCA, Inc.

    ... three to seven years of claims experience stated in the advertisement for the position. Frank ... remaining fees, as attributable to the defense of frivolous claims, but which could not be ... defendant to show that one of four affirmative defenses justifies the difference in pay. ... training, and experience: all may account for unequal salaries in an environment free of ...

  • 851 F.3d 649 (7th Cir. 2017), 16-1362, Colbert v. City of Chicago

    Crutcher was incarcerated for robbery, unlawful use of a weapon by a felon, aggravated discharge of a firearm at an occupied vehicle, and mob action. Crutcher was released but returned to prison for domestic battery. Weeks later, he was discharged on supervised release. Chicago police received a tip about guns at Crutcher's residence. Officers and Crutcher's parole agent performed a compliance...

    ...Officer Willingham's arrest. report stated, in relevant part:. . . After .... A causal connection, or an affirmative. link, between the misconduct complained of ... factual account provided by Crutcher and Colbert may or may. ... the defense in reviewing summary judgment for the defense. ...

  • 548 U.S. 230 (2006), 04-1528, Randall v. Sorrell

    ..., thereby reducing democratic accountability. Where there is strong indication in a particular ...           Buckley stated that both kinds of limitations "implicate ... 's (then) $1,075 limit as providing affirmative support for the lawfulness of Vermont's far lower ... of those sections, respondents' primary defense of Vermont's expenditure limits is that those ...

  • 98 F.3d 1440 (3rd Cir. 1996), 95-3432, Koppers Co., Inc. v. Aetna Cas. and Sur. Co.

    ... the claim without reducing the verdict to account for Koppers' settlements with the other insurers. ...Koppers then sought a defense and indemnification from its various liability ... had the burden of proving, as an affirmative defense, that the losses were not ... was within the scope of coverage as so stated but denied coverage because that loss was not ...

  • 746 F.2d 1098 (6th Cir. 1984), 83-3519, United States v. McLernon

    ...Yaqui stated that he had not seen the 300 kilos of cocaine, ... should be able to avail himself of the defense of entrapment just as may the person who receives ... erred in instructing the jury on his affirmative defense of withdrawal from the conspiracy. The ... stop the agents in their incriminating account of his testimony after one of them had threatened ...

  • 98 F.3d 1266 (11th Cir. 1996), 94-8485, United States v. Paradies

    ... was obtained by October 1, 1985, Paradies stated, the minority shareholders would receive an ... to Goldston on his personal checking account specified: "For Metro Consultants--Purchase ...Finally, defense counsel's failure to locate a small portion of ... enriched by these and other private affirmative action and set-aside programs in becoming ...

  • 186 U.S. 342 (1902), 178, Fidelity and Deposit Company v. Courtney

    ... of the said bank, that the books and accounts of said McKnight had been examined by said bank ...affirmative allegations. . of the answer, and the cause ... the defendants in preparing for a defense of the action, while a much shorter delay in ... was committed in the particulars just stated does not necessarily lead to a reversal, since ...

  • 667 F.3d 965 (9th Cir. 2011), 08-99025, Gonzalez v. Wong

    ... over by the prosecutor to Gonzales's defense counsel prior to trial, but other material, ... the front door and one of them knocked and stated " Los Angeles Sheriff's Department. We have a ...affirmative duty to disclose evidence favorable to a ... to show cause; and, (d) even taking into account new allegations of Acker's perjury and new ...

  • 485 F.3d 1130 (11th Cir. 2007), 06-14294, Skop v. City of Atlanta, GA

    ..., for reasons of personal security and on account of the storm. When she realized that she could ...The APD's Notice of Final Adverse Action stated that Officer Brown had "abused [his] authority as ...An official asserting the affirmative defense of qualified immunity must initially ...

  • 610 F.3d 1171 (9th Cir. 2010), 07-55344, Toyota Motor Sales, U.S.A., Inc. v. Tabari

    ... of the proceeds ends up in Toyota's bank account. Toyota doesn't claim the business of brokering ... did in fact present a nominative fair use defense to the district court.           In ...-site.com or we-are-trademark.com affirmatively suggest sponsorship or endorsement by the ...The disclaimer stated, prominently and in large font, " We are not an ...

  • 54 F.3d 1508 (10th Cir. 1995), 94-5156, Banks v. Reynolds

    ... material exculpatory evidence to the defense rendered the jury's verdict and death sentence ... request from defense counsel and the affirmative representations of the prosecuting attorney, the ... of Dean and Hicks, the eye witness accounts, the testimony of Wayne Conn that Hicks confessed ...Walter stated that upon return to the apartment, he observed ...

  • 226 F.3d 728 (6th Cir. 2000), 99-3325, Boggs v Collins

    ...For the reasons stated herein, we REVERSE and REMAND for further ....         Testifying in his own defense, Boggs stated that he had been in Berman's ..., if the alleged victim answers in the affirmative, the trial court would have to conduct an in ... Boggs's attorney to summarize their accounts. J.A. at 552-53 (proffering that Copas stated ...