account stated affirmative defense

19291 results for account stated affirmative defense

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  • 479 F.3d 232 (3rd Cir. 2007), 05-3857, El v. Southeastern Pennsylvania Transp. Authority (SEPTA)

    ...Clark, Esquire, NAACP Legal Defense & Educational Fund, Inc., New York, NY, Sharon M. ... SEPTA sought summary judgment on its affirmative defense of business necessity, it would bear the ... legislative history they may take into account when interpreting a statute, we need not consider ...He stated:. . It is also the case that an individual's ...

  • 473 U.S. 667 (1985), 84-48, United States v. Bagley

    ...The Court of Appeals also stated that it "disagree[d]" with the District Court's ..., had the evidence been disclosed to the defense, the result of the proceeding would have been ... and Mitchell had "fabricated" their accounts, 14 Tr. 1117, but the court rejected the ... that, in Giglio, the prosecutor affirmatively stated to the trier of fact that no promises ...

  • __ U.S. __, 18-966, Department of Commerce v. New York

    ... the Secretary, which stated that he had begun considering the. addition ...v. Natural Resources. Defense Council, Inc., 435 U.S. 519, 98 S.Ct. 1197, 55. ... census that is accurate and that fairly accounts for the. crucial representational rights ... answers these questions in the affirmative. Ante, at. 2566 - 2573. That ought to end ...

  • 280 F.3d 124 (2nd Cir. 2001), 00-7699, Wal-Mart Stores v Visa United States Inc.

    ..., to withdraw cash from his or her bank account at an automated teller machine and to make ... common to the class, (3) the claims or defenses. . of the representative parties are typical ... whether the plaintiff or plaintiffs have stated a cause of action or will prevail on the merits, ...       The law is "settled that affirmative defenses should be considered in making class ...

  • __ U.S. __ (2014), 12-1315, Petrella v. Metro-Goldwyn-Mayer, Inc.

    ...          DECISION:. Defense of laches held not available to preclude ... statute of limitations itself takes account of. delay. Brought to bear here, § ... Civil Procedure 8(c) as an affirmative defense discrete. from a statute of ... author, but also stated that the screenplay was written. " in ...

  • 533 U.S. 53 (2001), 99-2071, Tuan Anh Nguyen v. INS

    ... parent, inter alia, one of three affirmative steps must be taken before the child turns 18: ... use of gender specific terms takes into account a biological difference between the parents. The ...See Department of Defense, Selected Manpower Statistics 48, 74 (1999) ... represent a mere elision of what we have stated expressly in our prior cases. Here, however, the ...

  • 480 U.S. 616 (1987), 85-1129, Johnson v. Transportation Agency

    ...        In 1978, an Affirmative Action Plan (Plan) for hiring and promoting ... Held: The Agency appropriately took into account Joyce's sex as one factor in determining that she ...4 .         The Agency stated that its Plan was intended to achieve. a ... plan is to be treated as an affirmative defense requiring the employer to carry the burden of ...

  • 306 F.3d 1293 (2nd Cir. 2002), 01-7112, De Kwiatkowski v. Bear, Stearns & Co., Inc.

    ... scale: At one point, his positions accounted for 30 percent of the total open interest in ... Bear's position as a "per se defense" that a broker's duties to a nondiscretionary ... client, disregarded client's clearly-stated wish to avoid speculative trades, and may ...July 30, 1985) (involving a broker's affirmative, negligent misrepresentation concerning whether ...

  • __ U.S. __ (2016), 15-339, Ross v. Blake

    Guards (Madigan and Ross) undertook to move Blake, a Maryland inmate, to the prison’s segregation unit. Madigan assaulted Blake, punching him in the face. The prison system’s Internal Investigative Unit (IIU), issued a report condemning Madigan’s actions. Blake sued both guards under 42 U.S.C. 1983, alleging excessive force and failure to take protective action. A jury found Madigan liable. Ross...

    ...But Ross raised (as an affirmative defense). the exhaustion requirement of the ... account. When it comes to statutory exhaustion ... principles stated below. . .          I. ...

  • 570 U.S. 421 (2013), 11-556, Vance v. Ball State University

    ... an affirmative defense, that (1) the employer exercised. ...accounts for the fact that many. modern ...Vance. stated in an affidavit that the general manager of the. ...

  • 159 U.S. 113 (1894), Hilton v. Guyot

    ... of a civilized jurisprudence, and are stated in a clear and formal record, the judgment is ... controversies arose in the adjustment of accounts between them.         The complaint ... and counsel, and applied for affirmative relief in both courts; that the plaintiffs have ... purpose, and in order to make a proper defense, and to establish counterclaims arising out of ...

  • 538 U.S. 600 (2003), 01-1806, Illinois ex rel. Madigan v. Telemarketing Associates, Inc.

    ...Taking into account the affidavits, and reading the complaint in the ... asserted that Telemarketers affirmatively represented that a significant amount of each ...Another affiant stated she was told her donation would not be used for ... even of all representations was not a defense. See supra, at 612-616. In contrast to the ...

  • 539 U.S. 90 (2003), 02-679, Desert Palace, Inc. v. Costa

    ... concluded that an employer had an affirmative defense if it could prove that it would have made ... had not taken the plaintiff's gender into account. Id. at 258 (emphasis added). The plurality did ...        For the reasons stated above, we agree with the Court of Appeals that no ...

  • 274 F.3d 610 (1st Cir. 2001), 00-2502, United States v. Swiss American Bank

    ...Fitzgerald deposited the money in accounts held in the name of shell corporations. 1 When ... sent a letter to the district court that stated:.          [I]n the event of your action ... "go beyond the pleadings and make affirmative proof." Id. (internal quotation marks omitted). ... corporation interposes a jurisdictional defense." Sunview Condominium Ass'n v. Flexel Int'l, ...

  • 527 U.S. 581 (1999), 98-536, Olmstead v. L. C.

    ..."by reason of [their] disabilit[ies]," accounted for their retention at GRH. Under Title II, the ...The court also rejected the State's defense that requiring immediate transfers in such cases ... opening provisions of the ADA, Congress stated findings applicable to the statute in all its ... programs, the State may assert, as an affirmative defense, that the requested modification would ...

  • 524 U.S. 775 (1998), 97-282, Faragher v. City of Boca Raton

    ... by a supervisor, but subject to an affirmative defense looking to the reasonableness of the ... as a matter of law, the need for a stated policy suitable to the employment circumstances ... of Appeals have held employers liable on account of actual knowledge by the employer, or ...

  • 443 U.S. 193 (1979), 78-432, United Steelworkers of America, AFL-CIO-CLC v. Weber

    ...The agreement included an affirmative action plan designed to eliminate conspicuous .... . of such . . . group on account of .         a de facto racial ... question this Court's adherence to the oft-stated principle that our duty is to construe, rather ...In a lengthy defense of the entire civil rights bill, Senator Muskie ...

  • 679 F.3d 41 (2nd Cir. 2012), 09-0197-cv(L), Townsend v. Benjamin Enterprises, Inc.

    ..., despite the existence of a possible affirmative defense under the Supreme Court's decisions in ... rate in the district, rather than the rate stated in Townsend's retainer agreement with her ... Townsend to provide a written and oral account of the events that had occurred. Grey-Allen also ...

  • 372 F.2d 836 (5th Cir. 1966), 23345, United States v. Jefferson County Bd. of Educ.

    ... If Brown I left any doubt as to the affirmative duty of states to furnish a fully integrated ... and the closed fist of the recent past account for some of the slow progress. There are other ... paraphrase the law as the Supreme Court stated it in Brown or as the law must be stated today in ... Friends Service Committee and NAACP Legal Defense...

  • 514 U.S. 419 (1995), 93-7927, Kyles v. Whitley

    ..., had the evidence been disclosed to the defense, the result of the proceeding would have been ... significant inconsistencies and affirmatively self-incriminating assertions, that Beanie was ...In place of his original account of buying a Thunderbird from Kyles on Thursday, ...Beanie also stated that on the Sunday after the murder he had been ...

  • 600 F.3d 93 (2nd Cir. 2010), 08-3947-cv, Tiffany (NJ) Inc. v. eBay Inc.

    ..., any issues associated with the seller's account on eBay, and the feedback the seller has received ... challenged as counterfeit and took affirmative steps to identify and remove illegitimate Tiffany ... treats the doctrine as an affirmative defense, see Century 21, 425 F.3d at 217-32, while ... Id. at 990. In doing so, the court stated that " [b]efore he can himself be held as a ...

  • 452 U.S. 161 (1981), 80-429, County of Washington v. Gunther

    ... exempted under the Equal Pay Act's affirmative defenses as to wage differentials attributable to ...He stated that the Bennett Amendment "[p]rovides that ... that discrimination in compensation on account of sex does not violate title VII unless it also ...

  • 629 F.3d 1263 (11th Cir. 2011), 09-15464, Owen v. I.C. System, Inc.

    ... for summary judgment based on its affirmative defense of " bona fide error" under 15 U.S. C. § ... In the event this account goes to collection, I understand I am responsible ...Owen's agreement stated that " interest charges accrue at the rate of ...

  • 714 F.2d 1240 (3rd Cir. 1983), 82-1582, Apple Computer, Inc. v. Franklin Computer Corp.

    ...As the Second Circuit has stated recently, "Despite oft repeated statements that ... to the copyright counts included the affirmative defense that the programs contained no ... for the plaintiff, concluded that blank account-books were not the subject of copyright and that ...

  • 668 F.2d 1014 (9th Cir. 1981), 79-4207, William Inglis & Sons Baking Co. v. ITT Continental Baking Co., Inc.

    ..., the acquisition of private label accounts would enable Continental to "leverage" more shelf ... of the evidence supported Continental's defense of meeting competition. Finally, the court held ...We stated that "an across-the-board price set at or above ...§ 13(b), provides for this affirmative defense. It permits the defendant to establish ...