account stated affirmative defense

... weight of the seized bags and stated that the bags "[h]a[ve] been ... who has fabricated his account to the police, the analyst who ...Defense attorneys and their clients will ... the defendant to take affirmative steps prior to trial to summon the ...

... the Equal Pay Act's affirmative defenses as to wage differentials ...He stated that the Bennett Amendment ... in compensation on account of sex does not violate title VII ...

... judgment based on its affirmative defense of " bona fide error" under ... In the event this account goes to collection, I understand I ...Owen's agreement stated that " interest charges accrue at ...

... of private label accounts would enable Continental to ... supported Continental's defense of meeting competition. Finally, the ...We stated that "an across-the-board price set ... 13(b), provides for this affirmative defense. It permits the defendant to ...

...Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837, ... heading for "[r]egisters, account books, notebooks, order books, ... must be overcome by affirmative legislative intent to the contrary. ...        For the reasons stated, I respectfully dissent from the ...

... and the court adopted an affirmative action program. The Court of Appeals ... goal should have accounted for the percentage of minorities in ...Similarly, Senator Robertson stated:. [106 S.Ct. 3041] This title ...7152, rose to the bill's defense. He introduced a newspaper article ...

... petitioner professional accounting partnership when she was proposed ... be placed on hold, eight stated that they did not have an informed ... appropriately deemed an affirmative defense: the plaintiff must persuade ...

... In furtherance of the policy stated in § 8(d)(1), the Act establishes ... for maintaining the national defense afforded a rational basis for the ..., before it embarks on an affirmative-action program, it has convincing ... a person differently on account of his race or ethnic origin is ...

... merchant account with defendant First Data ...FDC's stated reason for the. termination is ... expression or other affirmative. steps taken to foster ... defense to contributory infringement then ...

...'s ability to conduct a defense at trial was expressly not at issue ... in the direction of our affirmative answer. Godinez, as we have just ... judges to take realistic account of the particular defendant's [128 ... his right to counsel, but stated it was "going to carve out a third ...

...(1979), or by placing the affirmative defense label on "at least some .... . stated with such certainty and precision, ... a "purpose to intimidate" on account of, inter alia, race. By its very ...

... notion of a defense--for no purpose other than to steal ... doing, they should take into account. the particular circumstances ... " The stated purpose" of the 1952 revision ". ... had imposed an " affirmative duty" to obtain advice. of ...

... of the bonds contained affirmatively misleading statements and materially ... of the prospectus, which stated: "The Partnership believes that ... had been issued by the accounting firm of Laventhol and Horwath ("the ... caution is unavailable as a defense. Therefore, contrary to the ...

... Bertha simply stated “ three,” which was Dennis. ... preliminary hearing. Defense counsel focused his. ... with Dennis’s account. Smith testified that Dennis was. ... affirmative duty “ to disclose [Brady ]. ...

... fact-driven inquiry can account for all of the situations in which ...Claim preclusion is an affirmative defense for the defendant to plead ...The court also stated that even if the 1955 letter had ...

...Institutional Accountability regulations governing the William D. ... for adjudicating borrower defenses to repayment claims . for Federal ...As . stated here and throughout the rest of ... 685.206). Affirmative and Defensive Claims. Comments: ...

... West-Faulcon, NAACP Legal Defense and Educational Fund, Ozell Hudson, ...Other courts have stated the conclusion more explicitly. See ... in that it takes into account only five groups--blacks, whites, ... to undertake any affirmative action, let alone to adopt a ...

... by the granting of such affirmative relief. The defendants might have ... of wage opportunities on account of Albemarle's unlawfully ... to make such an award on two stated grounds: the lack of "evidence of ...' delay prejudiced their defense so substantially as to make an award ...

...; Stephen Chaya; Reliant Account Management, L.L.C. . Global Client ... settlement negotiation plan, stated the fee arrangements with LHDR and ..." [W]here the affirmative defense of arbitrability of claims ...

... (IRS) levied on two joint accounts in respondent bank in Arkansas for ... notice of levy has only two defenses for failure to comply with the ...Affirmative action by the IRS is required to ...The third was its stated conclusion that. levy is not ...

... [*] I do not assert the affirmative; but it is allowable to observe, ... a Petition of right.  It is stated, indeed, in Com. Dig. 105.  That ... in the case with the King in defense of his title, which otherwise would ..., where it is mere matter of account) in which the Treasurer is not ...

... litigation continues to account for an outsized share of filings in ..., as required by the PLRA, was stated in her complaint. See id . (Doc. ... failure to exhaust as an affirmative defense, so that " [a] prisoner's ...

... on the basis of a statutory defense barring individual liability that ... aside in a Golden Gate Bank account, which represented the pro rata ... for reconsideration the court stated that it would not reach Pictet's ... Act represents an affirmative defense, and, if so, whether the ...

...v. Natural. Resources Defense Council, Inc., 467 U.S. 837, 104 ... that must be taken into account." FCC v. Fox Television ... courts, the opinion letter stated that. service advisors could ... ante, at 11, an affirmative defense in the Fair. Labor ...