account stated affirmative defense

18882 results for account stated affirmative defense

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  • 395 U.S. 575 (1969), 573, National Labor Relations Board v. Gissel Packing Co., Inc.

    ...The NLRB stated that the communications. reasonably tended to ... of employee sentiment and showing affirmative reasons for doubting the majority status. Not ... balancing of those rights must take into account the economic dependence of the employees on their ...805 (1966), with defense of Board practice in Lesnick, supra, n. 17; ...

  • 567 U.S. 519 (2012), 11-393, National Federation of Independent Business v. Sebelius

    ... Americans' minds are likely to be affirmative. prohibitions, such as contained in the ... local and more accountable than a distant federal. bureaucracy. The ... Defense of McCulloch v. Maryland. 190-191 (G. ... reasons stated, I agree with The Chief Justice that, as to. ...

  • 427 U.S. 160 (1976), 75-62, Runyon v. McCrary

    ... private schools in Virginia for the stated reason that the schools were not integrated, two .... . , it has never been accorded affirmative constitutional protections. .          ... rejected Colin Gonzales' application on account of his race, and that Bobbe's School had denied ... Appeals that no bad faith permeated the defense by the schools of this lawsuit. ...

  • 330 U.S. 258 (1947), 759, United States v. United Mine Workers or America

    ... the operation of the mines are for the account or at the risk or expense of the Government. Pp. ..., defendant Lewis, president of the union, stated openly in court that defendants would adhere to ... to the United States and no evident affirmative grounds for believing that Congress intended to ... existing law in the case of failure by defense plants to produce as a result of labor troubles. ...

  • 473 U.S. 614 (1985), 83-1569, Mitsubishi Motors Corp. v. Soler Chrysler-Plymouth, Inc.

    ... to encompass the statutory counterclaims stated in its answer to the complaint. In making this ... an allegation of waiver, delay, or a like defense to arbitrability. .          Moses H. ... matter of the dispute may be taken into account when the arbitrators are appointed, and arbitral ... arbitrators could consider Soler's affirmative claim of anticompetitive conduct by CISA and ...

  • 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 ...

  • 397 U.S. 664 (1970), 135, Walz v. Tax Comm'n of the City of New York

    ... schools would deny this as an affirmative, if [90 S.Ct. 1413] not dominant, policy of ...Nearly 50 years ago, Mr. Justice Holmes stated:. If a thing has been practised for two hundred ...: To God, therefore, not to men, must an account of it be rendered. As the Bill violates equality ... are accounted for by the Department of Defense, the Veterans Administration, the National ...

  • 552 U.S. 312 (2008), 06-179, Riegel v. Medtronic, Inc.

    ... the artery, although the device's labeling stated that use was contraindicated for patients with ... law to enforce duties that are either affirmative requirements or negative prohibitions " ..., not any design to suppress tort suits, accounts for Congress' inclusion of a preemption clause in ... . dispositive defense if it can identify an actual conflict [128 S.Ct. ...

  • 460 U.S. 1 (1983), 81-1203, Moses H. Cone Memorial Hospital v. Mercury Construction Corp.

    ...With certain. . stated exceptions, 1 any dispute decided by the ... carefully considered judgment taking into account both the obligation to exercise jurisdiction . ...§ 3, and an affirmative order to engage in arbitration, § 4. Both of ... an allegation of waiver, delay, or a like defense to arbitrability. 31 .        [103 S.Ct. ...

  • 109 U.S. 3 (1883), Civil Rights Cases

    ... to another person, whose color is not stated, the full enjoyment of the accommodations of the ... supposed to be a white man, and on that account inferred that there was some improper connection ... up such an unjust and unconstitutional defense. .         In this connection it is ... of the investiture of congress with affirmative power, by legislation , to enforce an express ...

  • 522 U.S. 93 (1997), 96-976, Hudson v. United States

    ...2, 400, and neither involves an affirmative disability or restraint, see Flemming v. Nestor, ..."After taking into account the size of the financial resources and the good ... apply the same-elements test as originally stated in Blockburger v. United States, 284 U.S. 299 ... for the National Association of Criminal Defense Lawyers by Arthur F. Mathews and Lisa ...

  • 360 U.S. 564 (1959), 350, Barr v. Matteo

    ...'s plea of absolute privilege in defense of the alleged libel must be sustained. Pp. ... or ill founded damage suits brought on account of action taken in the exercise of their official ... of the privilege have been often stated. It has been thought important that officials of ... in the record that there was an affirmative duty on Mr. Barr to give press releases like ...

  • 202 F.3d 234 (4th Cir. 2000), 98-2200, Smith v. First Nat'l Bank

    ... from customers who had delinquent accounts. As an adjustor, she was paid hourly, and as a ...Scoggins then looked her over and stated, in an apparent reference to the O.J. Simpson ..., a defending employer may raise an affirmative defense to liability or damages, subject to proof ...

  • 417 U.S. 188 (1974), 73-29, Corning Glass Works v. Brennan

    ... . Standards Act is a matter of affirmative defense on which the employer has the burden of ..."based on any other factor other than sex," stated: "Thus, among other things, shift differentials . ..."Hazards" takes into account the physical hazards regularly encountered, their ...

  • 526 F.3d 1074 (7th Cir. 2008), 07-2975, Tamayo v. Blagojevich

    ...          We previously have stated, on numerous occasions, that a plaintiff alleging ... him to begin to investigate and prepare a defense.          With this precedent in ... employment actions by Defendants on account of her gender," id. at ¶ 83, and she listed ... immunity may be raised as an affirmative defense. Crawford-El v. Britton, 523 U.S. 574, ...

  • 511 U.S. 127 (1994), 92-1239, J. E. B. v. Alabama ex rel. T. B.

    ...57 (1961) (upholding affirmative registration statute that exempted women from ...        We shall not accept as a defense to gender-based peremptory challenges "the very ... excluding a person from jury service on account of that person's gender.  Ante,  at 135-137. ... that it is one exercised without a reason stated, without. . inquiry and without being subject to ...

  • 360 F.3d 1103 (9th Cir. 2004), 01-57065, McGinest v. GTE Service Corp.

    ... to produce sufficient evidence that GTE's stated" reason for failing to promote him was a pretext. \xC2"... opportunity, discrimination, or affirmative action, discuss them with your supervisor or ... environment; 2) failure to promote on account of race; and 3) failure to promote on account of ... abused men and women alike" provides no defense to an accusation of sexual harassment. Steiner, ...

  • 401 F.2d 833 (2nd Cir. 1968), 296, S.E.C. v. Texas Gulf Sulphur Co.

    ... opinion of the court below, but are stated sufficiently, we believe, for the exposition of ... 2,000 shares of TGS for family trust accounts of which Coates was a trustee but not a ... below, while relying upon what these defense experts said the defendant insiders ought to have ..., however, impliedly suggests for affirmative answer the question: 'Whether the chances of ...

  • 429 U.S. 125 (1976), 74-1589, General Electric Co. v. Gilbert

    ... one exception to the cost differential defense." Id. at 383.         The ultimate ... letter regarding pregnancy, we have stated, .         The Commission policy in this ...420] taking pregnancy into account in fashioning disability policies. Unlike the ...        An affirmative answer to that question would not necessarily ...

  • 387 U.S. 1 (1967), 116, In re Gault

    ...He testified that he had taken into account the fact that Gerald was on probation. He was ...That court stated that it considered appellants' assignments of ... the child or his parents in preparing his defense or explanation.         Further, it is ... a possibility, without requiring any affirmative choice by child or parent." 65 As stated by the ...

  • 462 U.S. 611 (1983), 81-984, First Nat. City Bank v. Banco Para El Comercio Exterior De Cuba

    ..., structure, and administration.  Bancec's stated purpose was "to contribute to, and collaborate ... the requested amount to Banco Nacional's account and applied the balance in Banco Nacional's ... value of its seized branches, not an affirmative recovery of damages.  2   On July 7, 1961, ... dealing" bars the state from asserting a defense of sovereign immunity to defeat a setoff or ...

  • 413 U.S. 49 (1973), 71-1051, Paris Adult Theatre I v. Slaton

    ... court (which did not require "expert" affirmative evidence of obscenity) viewed the films and ... "that obscenity is established," but stated:. It appears to the Court that the display of ... that the factors which must be taken into account are judgmental and can only be applied on "a ..., those interests cannot be asserted in defense of the holding of the Georgia Supreme Court in ...

  • 418 U.S. 717 (1974), 73-434, Milliken v. Bradley

    ... were not permitted to assert any claim or defense on issues previously adjudicated or to reopen any ... at 239-241. 16 It stated that the acts of racial discrimination. . ..., the trial court found the State was accountable for the thinly disguised, pervasive acts of ... affirmative duty to take whatever steps might be necessary to ...

  • 588 F.3d 585 (8th Cir. 2009), 08-3798, Braden v. Wal-Mart Stores, Inc.

    ...It is also an " individual account plan," 29 U.S.C. § 1002(34), establishing an ..., we must answer that question in the affirmative.          29 U.S.C. § 1132(a)(2) ... factual allegations as true, he has stated" a claim for breach of fiduciary duty.      \xC2"... exemptions established by § 1108 are defenses which must be proven by the defendant. See ...

  • 29 F.3d 855 (3rd Cir. 1994), 93-5688, ALA, Inc. v. CCAIR, Inc.

    ... a contract has been made for sale of a stated quantity of described securities at a defined or ... is not enforceable by way of action or defense unless:. (a) There is some writing signed by the ... dismissal premature because "taking into account the allegations in [the plaintiffs'] complaint ... dismissal under Rule 12(b)(6) when an affirmative defense like the statute of frauds appears on its ...