account stated affirmative defense

19291 results for account stated affirmative defense

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  • 843 F.2d 1395 (D.C. Cir. 1988), 85-6217, Berger v. Iron Workers Reinforced Rodmen Local 201

    ... the brief, for amicus curiae NAACP Legal Defense and Educational Fund, Inc., urging affirmance. ...As the Court recently stated:. We, too, have criticized courts for their ..., that the experienced pool did not account for "minimum objective qualifications" of the ... because the Training Program was an affirmative action program, and whites over age 30 therefore ...

  • 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 ...

  • 911 F.2d 679 (Fed. Cir. 1990), 89-3369, Webster v. Department of Army

    ...at 7. McCain stated he instructed all personnel to "fall out on the ... it found sufficient that a Department of Defense mail manual did not require the procedure ...at 12. As the AJ . . noted, her account of the incident was corroborated by Mr. Chapman. ... front of the AJ, Webster raised two affirmative defenses. Webster alleged race or color ...

  • 705 F.2d 62 (2nd Cir. 1983), 631, United States v. Mayo

    ...You could own .. one today." (R350). Mayo stated the price and offered to arrange delivery, but he ... to charge the jury on the entrapment defense. Its refusal to deliver the requested charge is ...By his own account, McGarghan was an experienced collector of ... in the transaction and did not affirmatively introduce any other evidence that he was not ...

  • 750 F.3d 320 (4th Cir. 2014), 10-6, United States v. Umana

    ...There were conflicting accounts about what happened next. Umaña's fellow MS-13 ... by a Charlotte-based MS-13 member who stated that it was expected that Umaña would " take ... trial court should have asked for an affirmative response." Id. . .          The ... empirical studies by Mark Cunningham, his defense expert, who reported a lack of correlation ...

  • 460 F.3d 1162 (9th Cir. 2006), 04-35563, Clark v. Capital Credit & Collection Services, Inc.

    ... an interest in all of the outstanding accounts. After approximately one year of direct and ...affirmatively designates certain manners of operation, we are ... only in mitigating liability, and not as defenses"); Bentley v. Great Lakes Collection Bureau, 6 ... 739 (9th Cir.1997) (same course of conduct stated claim for violations of three sections of FDCPA); ...

  • 446 U.S. 620 (1980), 79-305, United States v. Havens

    ...Respondent, taking the stand in his own defense, acknowledged, in his direct testimony, ... evidence in its possession fails to take account of our cases, particularly Harris and Hass. ... That decision specifically stated that a defendant. must be free to deny all the ... can also serve to buttress the affirmative...

  • 194 F.3d 442 (3rd Cir. 1999), 98-1102, United States v. Yeaman

    ... it to retain an independent outside accountant to report on the implementation of those ... subject,' the SEC could have explicitly stated so, as it did in (f)(2)." (A.150). ... reference to this investigation and affirmatively asserted the following:.          Other ... that this issue was waived, we note that defense counsel submitted the above-quoted proposed jury ...

  • 94 F.3d 849 (4th Cir. 1996), 93-5899, United States v. Burgos

    ...'s ticket, bore the name "Anthony Flores," stated that he was traveling alone from New York, and ...The jury considered Burgos's defense as well as the Government's case, and our limited ...Regardless, while this account of events strikes us as highly implausible, ... concluded to be perjured testimony as affirmative evidence of guilt." Wright, 505 U.S. at 296, 112 ...

  • 883 F.2d 662 (9th Cir. 1989), 86-1208, United States v. Aguilar

    ... is mountainous, and the following factual account seeks only to capture some of the more ... efforts had proven more effective, Corbett stated that the sanctuary movement had advised aliens to ...'s decision to preclude a mistake of law defense under the nondeferential de novo standard. United ... because a criminal statute imposes an affirmative legal duty on defendant. See Lambert v. ...

  • 542 F.2d 186 (4th Cir. 1976), 73-2520, United States v. Jones

    ... for a mistrial during the trial on account of what they asserted was prejudicial in-trial ...994, 94 S.Ct. 2408, 40 L.Ed.2d 773. As stated in United States v. Milanovich (4th Cir. 1962), ...'s case and the weakness of the defense with obvious emphasis on the latter. 13 In ... it imposes on the prosecution the affirmative duty to prove that the evidence it proposes to ...

  • 855 F.2d 1106 (5th Cir. 1988), 87-1033, Pan Eastern Exploration Co. v. Hufo Oils

    ..., insurance, taxation, negotiation, and accounting services on behalf of PEEC. As is typical of such ... it are the key to the defendants' affirmative defenses. We will discuss it in detail below in ... corporation of PEPL and the plaintiffs) stated that the oversupply problem had become so serious ...

  • 373 F.3d 544 (4th Cir. 2004), 03-1911, CoStar Group, Inc. v. LoopNet, Inc.

    ... not post real estate listings on its own account. Rather it provides a "web hosting service that ...        Stated otherwise, CoStar argues (1) that the Netcom ... Netcom, LoopNet must rely for its defense exclusively on the immunity conferred by the ... under the law--whether by way of an affirmative defense or through an argument that conduct ...

  • 740 F.3d 623 (D.C. Cir. 2014), 11-1355, Verizon v. Federal Communications Commission

    ... Act of 1996 vests it with affirmative authority to enact measures encouraging the ...v. Natural Resources Defense Council, Inc., 467 U.S. 837, 104 S.Ct. 2778, 81 ...'s disposal in order to achieve the stated goal of promoting " advanced telecommunications" ...fees but [is] unlikely to fully account for the detrimental impact on edge providers' ...

  • 839 F.3d 513 (6th Cir. 2016), 15-1722, Courtright v. City of Battle Creek

    In response to a phone tip that Courtright had “come out of his room [at the Traveler’s Inn] with a gun and threatened to shoot” the dog of “another resident” at the hotel, Battle Creek Officers Wolf and Rathjen were dispatched to the Traveler’s Inn. Courtright claims that he “was nowhere near his room when the alleged incident was said to have taken place,” and that he tried to explain that to...

    ... qualified-immunity defense. The district court reasoned that. the ... affirmative" for the plaintiff's claim to proceed. Id. ...However, the plaintiff. in Kahlich stated during a deposition that he was. not ... circumstances,' and must take account of 'both the. inculpatory and exculpatory ...

  • 601 F.3d 505 (6th Cir. 2010), 08-4431, Riverview Health Institute LLC v. Medical Mutual of Ohio

    ...Medical Mutual also stated in the letter that until this matter was ... its face that relief is barred by an affirmative defense. In a situation involving an affirmative ... but " courts should take this factor into account because ‘ [a]rrangements between insurance ...

  • 585 F.3d 901 (6th Cir. 2009), 08-4456, Chappell v. City Of Cleveland

    ... Detective Habeeb and Detective Kraynik stated that McCloud moved quickly or " lunged" toward ...In defense, the detectives have invoked qualified immunity, ... is evidence refuting the detectives' account that McCloud was holding the knife when they ... court specifically cited the lack of affirmative evidence contradicting the detectives' account or ...

  • 510 U.S. 163 (1994), 92-1482, Weiss v. United States

    ...But as Congress has taken affirmative steps to make the system of military justice more ..., Congress made military judges accountable to a superior officer for the performance of ...         For the reasons stated, we reject the petitioners' Appointments Clause ... military officers (see Department of Defense, Military Manpower Statistics 18 (Mar. 31, 1993) ...

  • 375 F.3d 643 (7th Cir. 2004), 03-1951, Conner v. McBride

    ... and disbelieved Conner's self-serving account. Absent more, Conner's assertions are not enough ...Conner stated during questioning that he understood his rights ... in fact use a criminal codebook to affirmatively misrepresent Indiana criminal law to Conner. But ... a bailiff provided an answer, and because defense counsel was not present during this ...

  • 390 F.3d 853 (6th Cir. 2004), 02-5040, United States v. Robinson

    ...The affidavit further stated that the Fed Ex package had been turned over to ...At one bank, Carmichael opened an account under a false name, and withdrew $10,000 from a ...Defense counsel also filed a sentencing memorandum in the ... and Robinson did not establish his affirmative withdrawal from the conspiracy. See United ...

  • 588 F.3d 1331 (11th Cir. 2009), 09-12416, Cummings v. Secretary for Dept. of Corrections

    ... find out about you? THE DEFENDANT: As I stated to him and told you, he can talk to all my family ... a good person? Should they take that into account? A. Yes. I think they should. You know he has ... Cummings, Mastos was a veteran criminal defense attorney who earlier had represented two capital ... types of cases, the defendant has affirmatively instructed his counsel not to investigate or ...

  • 64 F.3d 1465 (10th Cir. 1995), 94-1026, United States v. Kennedy

    ... discovery, the government provided the defense access to the 800 bankers boxes of documents that ... denied Kennedy's request to hire the accounting firm, Arthur Anderson, to audit WMC's financial ... need not even contemplate the use of affirmative misrepresentations. However, when the government ... definitions of key terms, and correctly stated" the elements of a money laundering offense.   \xC2"...

  • 120 U.S. 630 (1887), Dushane v. Benedict

    ... a horse sold were allowed to be set up in defense of an action on a promissory note given for the ... upon bonds, bills, bargains, promises, accounts, or the like, and one of them commence an action ... plaintiff's action, but recover an affirmative judgment against him,--has been clearly brought ... damages, was admissible, for reasons thus stated by Chief Justice TILGHMAN:  'It is very true ...

  • 714 F.3d 694 (2nd Cir. 2013), 11-1197-cv, Cariou v. Prince

    ...The defendants raised a fair use defense. After the parties cross-moved for summary ..." in order to be qualify as fair use, and stated that " Prince's Paintings are transformative only ... [T]he third-factor inquiry must take into account that the extent of permissible copying varies ... based on a non-pleaded fair use affirmative defense converted into a motion for summary ...

  • 768 F.3d 1110 (11th Cir. 2014), 13-14008, Mais v. Gulf Coast Collection Bureau, Inc.

    Plaintiff filed suit under the Telephone Consumer Protection Act of 1991 (TCPA), 47 U.S.C. 227, against a hospital-based radiology provider and its debt collection agent for making autodialed or prerecorded calls. The collection bureau, Gulf Coast, contended that the calls fell within a statutory exception for "prior express consent," as interpreted in a 2008 declaratory ruling from the FCC. The...

    ...The Notice stated that " [w]e may also use and disclose health ... dispute the debt, McKesson forwarded his account to Gulf Coast for collection pursuant to a ... moved for summary judgment on the affirmative defense that the calls could not and did not ...