account stated affirmative defense

19264 results for account stated affirmative defense

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  • 357 F.3d 1294 (Fed. Cir. 2004), 03-1006, Co-Steel Raritan, Inc. v. International Trade Com'n.

    ... If both inquiries are answered in the affirmative, Commerce issues the relevant antidumping duty ..." from a country are "negligible" if they "account for less than 3 percent of the volume of all such ...The report stated that imports from three of the twelve countries ...v. Natural Resources Defense Council, Inc., 435 U.S. 519, 98 S.Ct. 1197, 55 ...

  • 512 U.S. 821 (1994), 92-1625, Mine Workers v. Bagwell

    ... the union's contumacy involve simple, affirmative acts, where the sanctions' force is primarily ...The court early stated that its purpose was to "impos[e] prospective ..., summary process, and to present a defense); Gompers v. Bucks Stove & Range Co., 221 U.S. ... here pursues the fines on its own account, not as the agent of a private party, and without ...

  • 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 ...

  • 705 F.3d 1134 (9th Cir. 2013), 11-10067, United States v. Doe

    ... errors relating to Doe's public authority defense, Sixth Amendment violations, discovery ...Taking these adjustments into account, the PSR calculated Doe's total offense level to ...The judge stated that " [t]he Court notes that the applicable ...Not every affirmative defense, however, negates an element of the ...

  • 553 U.S. 723 (2008), 06-1195, Boumediene v. Bush

    ...Thereafter, the Defense Department established Combatant Status Review ...Pp. 739-771. . (a) A brief account of the writ's history and origins shows that ... of the writ but also guarantees an affirmative right to judicial inquiry into the causes of ...94 (1986). When we have stated that sovereignty is a political question, we have ...

  • 655 F.2d 346 (D.C. Cir. 1981), 79-2529, Izaak Walton League of America v. Marsh

    ...610 (D.D.C.1974). The court stated that a preliminary injunction was justified ...at 990. See also Environmental Defense Fund, Inc. v. Alexander, 501 F.Supp. 742, 754-760 ...No. 2 adjusted the cost-benefit ratio to account for 1978 prices. See GDM Supp. No. 2, 20-11 to ...1051 (1945). In the absence of some affirmative showing of an intention to repeal, the only ...

  • 425 F.3d 211 (3rd Cir. 2005), 03-4700, Century 21 Real Estate Corp. v. Lendingtree, Inc.

    ... where the defendant asserts the defense of "nominative fair use." More specifically, we ...'s use of printed marketing materials that stated that "LT is affiliated with more than 700 ...'s burden is only to show the affirmative defense of fair use. The Supreme Court stated, ... nominative fair use cases that takes into account the concerns expressed by the Court of Appeals ...

  • 440 U.S. 625 (1979), 77-1553, County of Los Angeles v. Davis

    ... and mandated good faith affirmative action efforts. The Court of Appeals affirmed. ... did not have standing to seek relief on account of the 1969 civil service examination because the ...         "Simply stated, a case is moot when the issues presented are no ... See also Brief for N.A.A.C.P. Legal Defense and Educational Fund, Inc., as Amicus Curiae 7. ...

  • 89 F.3d 1050 (3rd Cir. 1996), 95-5092, United States v. Voigt

    ... third attorney Voigt sought to add to his defense team without holding a formal evidentiary ... funds have been commingled in a bank account with untainted funds. We also must determine what ... the government failed to prove an affirmative act of evasion as required by statute; (6) the ... attorney-client privilege issues, and stated that he would not ask any questions that would ...

  • 868 F.3d 66 (2nd Cir. 2017), 16-2750-cv, Meyer v. Uber Technologies, Inc.

    ... account using the application. The district court denied ... defenses to arbitration, including whether defendants ... affirmatively assented to the terms of agreement by clicking. ... stated on the left side of the page: " By placing your. ...

  • 324 F.3d 12 (1st Cir. 2003), 02-9008, In re Colonial Mortg. Bankers Corp.

    ..., involving rights to a substantial bank account standing in the name of the debtor, in favor of ... inferences that fit the plaintiff's stated theory of liability. Rogan v. Menino, 175 F.3d ... proper in weighing the res judicata defense. That is an affirmative defense, the appellant ...

  • 530 U.S. 392 (2000), 8, Arizona v. California

    ... Tribe that the State parties' preclusion defense is inadmissible. The State parties did not raise ... Those principles rank res judicata an affirmative defense ordinarily lost if not timely raised. See ..."There will be time enough," the Court stated, "if any of these grounds for dismissal are ..., the Special Master provided a fuller account of his recommendation. The settlement, he ...

  • __ U.S. __ (2015), 13-1371, Texas Dep't of Hous. & Cmty. Affairs v. Inclusive Cmtys. Project, Inc.

    The federal government provides low-income housing tax credits that are distributed to developers by state agencies, including the Texas Department of Housing and Community Affairs. The Inclusive Communities Project (ICP), which assists low-income families in obtaining affordable housing, brought a disparate-impact claim under Fair Housing Act sections 804(a) and 805(a), alleging that allocation...

    ...In a concurring opinion, Judge Jones stated that on remand the District Court should ... that " business necessity" constitutes a defense to disparate-impact claims. Id., at 431, 91 ...If a real-estate appraiser took into account a neighborhood's schools, one could not say the ... has not " question[ed] an employer's affirmative efforts to ensure that all groups have a fair ...

  • 549 U.S. 7 (2006), 05-493, Ayers v. Belmontes

    ...Both prosecution and defense arguments assumed the evidence was relevant. The ...Finally, he answered in the affirmative when asked if he was "prepared to contribute in ...He stated: "You know, first of all, it's no secret that the ... did, in fact, want the jury to take into account respondent's future potential became manifest ...

  • 516 U.S. 417 (1996), 94-818, Hercules, Inc. v. United States

    ... Agent Orange under authority of the Defense Production Act of 1950 (DPA) and threat of civil ... DPA's hold harmless language as an affirmative indemnity." Reply Brief for Petitioners 2. They ... They argue simply that the DPA's stated. . objective—to relieve them of involuntarily ... General expressly sanctioned, "the accounting officers of the Government have never issued a ...

  • 507 U.S. 619 (1993), 91-7358, Brecht v. Abrahamson

    ...Absent affirmative evidence that state court judges are ignoring ...    The State argued that petitioner's account was belied by the fact that he had failed to get ...[113 S.Ct. 1715] Over the objections of defense counsel, the State also asked petitioner during ... at 760-761. Kotteakos plainly stated that, unless an error is merely "technical," the ...

  • 530 F.3d 1368 (11th Cir. 2008), 06-11116, Bryant v. Rich

    ... form on which Bryant submitted his appeal stated that the appeal was due within four business ...defense is non-jurisdictional, 10 it is like a defense ... 518 (1985) (“If the district court's account of the evidence is plausible in light of the ... to exhaust under the PLRA is an affirmative defense the defendant must plead and prove. Id. ...

  • 262 F.3d 897 (9th Cir. 2001), 99-15716, Patelco Credit Union v. Sahni

    ...         Sahni's accounting for the assets of the several plans that he ... to include a statute of limitations defense. She concluded that Patelco's failure to object ...Judge Illston stated: "Pursuant to Rule 63 of the Federal Rules of ... to include a statute of limitations affirmative defense. Although Federal Rule of Civil . . ...

  • 332 F.3d 1347 (11th Cir. 2003), 02-13213, Bogle v. McClure

    ... and interrogatory on a mixed-motive defense; (3) admitting documents into evidence that were ...For example, Ward stated the "white dominated administration" at Central ... discrimination in the workplace on account of race violated federal law. See Alexander v. ...However, the jury's affirmative answer to the proximate cause interrogatory ...

  • 560 U.S. 631 (2010), 09-5327, Holland v. Florida

    ....2d 135] AEDPA's "statute of limitations defense . . . is not 'jurisdictional, ' " Day v. ... confidence with [me], " id., at 155, and stated that he "does not trust" [130 S.Ct. 2556] or have ... to explain how the limitations statute accounts for the time during which such state proceedings ... tolling; and second, as­suming an affirmative answer to the first question, whether petitioner ...

  • 518 F.3d 832 (10th Cir. 2008), 06-4232, United States v. Thompson

    ... Mower had a basic understanding of accounting, as evidenced by their conversations about income ...The warranty deed for the property stated that the sellers "hereby convey and warrant to ..., (2) willfulness, and (3) an affirmative act constituting evasion or attempted evasion." ... instruction on the Mowers' theory of defense; and (3) not providing an instruction allowing ...

  • 523 U.S. 833 (1998), 96-1337, County of Sacramento v. Lewis

    ... has never been more tersely or accurately stated than by Mr. Justice Johnson, in Bank of Columbia ... simple enough: when the State by the affirmative exercise of its power so restrains an ... officials undoubtedly must take into account the very real threats the unrest presents to ..., as it must, that a qualified immunity defense is unavailable in an action against the ...

  • 504 F.3d 254 (2nd Cir. 2007), 05-2141, Khulumani v. Barclay Natl. Bank Ltd.

    ... that the court (again contrary to its stated intentions) adopted sub rosa the defendants' ... the unlawful activity to be held accountable for their actions.          It is of ... South African Police (SAP), South African Defense Force (SADF) and South African Army.. These ... could only be raised by a party as an affirmative defense, and even if comity were available, "it ...

  • 290 F.3d 303 (5th Cir. 2002), 01-30131, Terrebonne Parish School Bd. v. Columbia Gulf Transmission Co.

    ...) Columbia pleaded prescription as an affirmative defense; (2) Koch moved for summary judgment on ... to maintain the canal or its banks—stated differently, any duties to protect the servient ... (E.D.La.) ("[C]ourts should take into account the situation of the estates, the agreement of ...

  • 847 F.3d 1037 (9th Cir. 2017), 14-55980, Van Patten v. Vertical Fitness Group, LLC

    Plaintiff filed a putative class action alleging that defendants sent unauthorized text messages in violation of the Telephone Consumer Protection Act of 1991 (TCPA), 47 U.S.C. 227; California Business and Professions Code 17538.41; and California Business and Professions Code 17200. The district court granted summary judgment to defendants. As a preliminary matter, the court concluded that...

    ...The session law for the TCPA itself stated: ". Banning such automated or prerecorded ... facie case but is an affirmative defense for which the. defendant bears the ...Taking. into account the statutory language that prior consent must. ...