account stated affirmative defense

19291 results for account stated affirmative defense

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  • 73 F.3d 1330 (5th Cir. 1996), 94-30519, United States v. Clements

    ..., as well as Clements' personal bank accounts. None of these actions were successful in ... contains only three instances in which defense counsel brought the letters to the district ... of the trial run, defense counsel stated, "If we handle it that way, then I'll bypass the ... or is deemed to exist "if significant affirmative steps were taken to conceal the offense." Id. We ...

  • 965 F.2d 413 (7th Cir. 1992), 91-1657, Kennedy v. United States

    ...'s counterclaim, Gatewood asserted two affirmative defenses, equitable estoppel and accord and ... $23,382.20 was credited to Gatewood's account. The new assessment against Gatewood reflected ... is at issue in this appeal, the court stated Gatewood's reliance on Mullvihill's ...

  • 445 F.3d 280 (3rd Cir. 2006), 05-1581, Karkkainen v. Kovalchuk

    ... her mother and stepfather in which she stated that she wanted to live with her father. Maria's ... shifts to the respondent to prove an affirmative defense against the return of the child to the ... reverse as long as the District Court's account of the evidence is "plausible in light of the ...

  • 212 F.3d 781 (3rd Cir. 2000), 98-5283, Wilson v. Russo

    ... ample opportunity to view the robber, had stated that the assailant was between 6'3" and 6'5". ... has fairly raised a qualified immunity defense, Wilson has a further burden. According to the ... the demonstration of willingness to affirmatively distort truth. In applying the reckless disregard ... even when these facts were taken into account. 9 The dissent notes that both Braverman and ...

  • 313 F.3d 1094 (9th Cir. 2002), 01-35472, Kootenai Tribe of Idaho v. Veneman

    ... Pacific Rivers Council; Natural Resources Defense Council, Defendants-Intervenors-Appellants. . ... complaint in the District of Idaho and stated similar allegations. Environmental groups ... public about a proposed action, the affirmative duties NEPA imposes on a government agency during ... of irreparable harm on a General Accounting Office Report, which found that the Roadless Rule ...

  • 434 F.3d 1254 (11th Cir. 2006), 02-14427, Arce v. Garcia

    ...Garcia served as Minister of Defense of El Salvador from 1979 to 1983, and Casanova ... liability and asserting several affirmative defenses, including the statute of limitations ...As the Supreme Court stated in Burnett v. New York Central Railroad Co. :. ... known but who have not been required to account for their acts or omissions. . U.N. Sec. ...

  • 676 F.3d 19 (2nd Cir. 2012), 10-3270-cv, Viacom Intern., Inc. v. YouTube, Inc.

    ... circumstances of subscribers and account holders of the service provider's system or ... the applicability of the DMCA safe harbor defense. 7 .          In the dual-captioned ... prepared a report in March 2006 which stated that, " [a]s of today[,] episodes and clips of ... provider monitoring its service or affirmatively seeking facts indicating infringing activity, ...

  • 383 U.S. 541 (1966), 104, Kent v. United States

    ... and the possibility of mental illness." As stated, neither this report nor the Social Service file ...         At trial, petitioner's defense was wholly directed toward proving that he was ...However, because we remand the case on account of the procedural error with respect to waiver of ... being merely that of bringing forward affirmative information which might help the court. His ...

  • 465 U.S. 668 (1984), 82-1256, Lynch v. Donnelly

    ... of church and state;  it affirmatively mandates accommodation, not merely tolerance, of ...The District Court stated that the inclusion of the cr£che for the 40 ... conflict over taxes, budgets, national defense, and myriad mundane subjects, for example, has ... it is the only one rooted in a biblical account of Christ's birth. It is the chief symbol of the ...

  • 412 U.S. 94 (1973), 71-863, Columbia Broadcasting System, Inc. v. Democratic National Committee

    ... be undermined, and that the public accountability which now rests with the broadcaster would be ...Senator Dill stated:. ["Public questions"] is such a general term ... interest," the doctrine imposes two affirmative responsibilities on the broadcaster: coverage of ...Writing in defense of Commission regulations regarding chain ...

  • 560 F.3d 1156 (10th Cir. 2009), 01-6094, Douglas v. Workman

    ...First he stated that Mr. Powell was driving the vehicle, then ...Douglas presented an alibi defense at trial. He testified that he spent the day of ... for Smith's testimony fails to take into account the evidence that Miller continued to entice ... closing arguments, and in taking affirmative action to cover up the tacit agreement the ...

  • 192 F.3d 1188 (9th Cir. 1998), 96-10527, United States v. Kaluna

    ... Information and Notice, the government stated its intention to seek an enhanced penalty under ...If, however, S 3559(c)(3)(A) is an affirmative defense that is part of a sentencing factor, then ... only to enhance a defendant's sentence on account of prior violent felonies, not to create an ...

  • 795 F.2d 538 (6th Cir. 1986), 84-1735, Ford Motor Co. v. Transport Indem. Co.

    ... TICO, erred in classifying TICO's defenses as affirmative defenses, and improperly concluded ... In consideration of the premium stated in the policy to which this endorsement is ... for any payment made by the Company on account of any loss or damage involving a breach of the ...

  • 566 F.3d 1372 (Fed. Cir. 2009), 2008-1078, Titan Tire Corp. v. Case New Holland, Inc.

    ... injunction, made after taking into account the relevant factors, will be overturned only ... injunction, the trial court specifically stated that Titan had the burden of demonstrating a ... infringer who raises invalidity as an affirmative defense has the ultimate burden of persuasion to ...

  • 436 F.3d 560 (5th Cir. 2006), 04-20131, United States v. Gonzales

    ... demanded that the bus driver change his account to say that Carrera had assaulted them. The ... 'as to enable the accused to prepare his defense and to allow the accused to invoke the double ... fatally incomplete without further, affirmative instruction on good faith. See United States v. ... 18 Counsel for Gomez merely stated "we'd object for the record" and counsel for the ...

  • 700 F.3d 65 (3rd Cir. 2012), 10-4154, National Sec. Systems, Inc. v. Iola

    ..., processing claims, collecting and accounting for premiums, and directing others with respect ... fund because the plan documents clearly stated that no employee was entitled to employer ..., the court next determined, was no defense. Whether or not Tri-Core's commissions were ... Court answered that question in the affirmative. Id. Notable for our purposes here was the . ...

  • 484 F.3d 413 (6th Cir. 2007), 05-2332, United States v. Graham

    ... excess commissions to Jerome Allen, an accountant and attorney who worked for Graham and Dresbach. ... the defendants only a few days earlier and stated that the Government had already provided Graham ..., that such evidence was favorable to the defense, and that the suppressed evidence was material. ... Brady clearly does not impose an affirmative duty upon the government to take action to ...

  • 66 F.3d 669 (4th Cir. 1995), 94-1425, Westfarm Associates Ltd. Partnership v. Washington Suburban Sanitary Com'n

    ...The EPA stated that "[t]he major cause of ground-water ... that "unless the defendant can affirmatively show that its defense has been prejudiced by lack ...) (holding that courts should take into account particular difficulties of proof inherent in ...

  • 81 F.3d 1329 (5th Cir. 1996), 94-30664, United States v. Marine Shale Processors

    ... discretionary calculations that take into account multiple factors are necessary in order to set ...at 48,046, stated that wastes like those at issue here "may be land ... also rejected MSP's collateral estoppel defense, reasoning that interim status could be granted ... shown that LDEQ's letter constituted affirmative misconduct.         The district court ...

  • 950 F.2d 1009 (5th Cir. 1992), 88-2168, Graham v. Collins

    ... the trial, the jury answered in the affirmative each of the three special issues provided for in ... that the jury could fully take into account "by giving a negative answer to the future ...-innocence phase of the trial, Graham's defense was essentially only one of insufficient ...She is the nervous type." Samby stated that he had never known Graham to be a violent ...

  • 927 F.2d 146 (4th Cir. 1991), 89-2454, Barnett by Barnett v. Fairfax County School Bd.

    ..., the Disability Rights Education and Defense Fund, . Incorporated, Amici Curiae. . ...In making this finding, the court stated:.         The Cued Speech program is a ... are required to take this fact into account in making placement decisions. The parents' right ... Court unanimously held that no such "affirmative action" was required by the "language, purpose, ...

  • 647 F.2d 256 (2nd Cir. 1981), 549, Association Against Discrimination in Employment, Inc. v. City of Bridgeport

    ... questions raised by "sweeping affirmative relief, including hiring quotas." 594 F.2d 306, ... and adequate funding." The order further stated that "(i)n the event the Court should order a ... federal financial assistance, on account of race, color, or national origin, guaranteed by ... note that defendants did not assert this defense in the district court, and that they have failed ...

  • 451 F.3d 382 (6th Cir. 2006), 04-1708, McCormick v. Braverman

    ... froze marital assets in certain bank accounts. Id. .         On September 9, 1991, ... previously adopted Rule 46 I(b)(3), which stated that a bar applicant could not be admitted ... Third Circuits have answered in the affirmative, although only the Second Circuit's. . ..., collateral estoppel is an affirmative defense which must be raised by the defendant. Smith v. ...

  • 738 F.2d 1249 (D.C. Cir. 1984), 82-1541, Segar v. Smith

    ... equality of employment opportunity on account of race, color, religion, sex, or national ...at 698, 712. Since DEA had hinged its defense on this effort to rebut plaintiffs' showing of ... analysis is proper; "absent clear, affirmative evidence that promotions were made in accordance ... passage the Court, quoting from Teamsters, stated: "Evidence of longlasting and gross disparity ...

  • 208 F.3d 288 (1st Cir. 2000), 99-8015, Waste Mgt. Holdings Inc. v. Mowbray

    ... to state a material fact required to be stated therein or necessary to make the statements ... in accordance with generally accepted accounting principles applied on a consistent basis . . . ... a potentially meritorious claim or defense before trial. Second, the rule furnishes an ...: we regard the law as settled that affirmative defenses should be considered in making class ...