account stated affirmative defense

19315 results for account stated affirmative defense

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  • 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. ...

  • 556 F.3d 575 (7th Cir. 2009), 07-3605, Hecker v. Deere & Co.

    ... assets in the participant's individual account." 128 S.Ct. at 1022.Section 502(a)(2) of the ... safe harbor" provision establishes an affirmative defense, the court held that the defendants could ... dollar amount that was fraudulently stated. How Fidelity Research decided to allocate the ...

  • 66 F.3d 1295 (2nd Cir. 1995), 1180, Tomka v. Seiler Corp.

    ... of on-site managers, also known as account or location managers, district managers, and ... executive in Seiler's Sales Division, stated that he would buy a diamond bracelet for someone ... present any evidence to counter Seiler's defense that the wage differentials between Tomka and six ... disparity is justified by one of four affirmative defenses: i) a merit system; ii) a seniority ...

  • 443 U.S. 307 (1979), 78-5283, Jackson v. Virginia

    ... position was that he had acted in self-defense. Alternatively, he claimed that, in any event, ... the element of premeditation, and stated that he was applying the reasonable doubt ... that the prosecution was under an affirmative duty to rule out every hypothesis except that of ..., which both parties must take into account. Where one party has at stake an interest of ...

  • 546 U.S. 49 (2005), 04-698, Schaffer ex rel. Schaffer v. Weast

    ...Congress has never explicitly stated, however, which party should bear the burden of ... can fairly be characterized as affirmative defenses or exemptions. See, e.g., FTC v. Morton ... the proposition that a court, taking into account " ' policy considerations, convenience, and ...

  • 343 U.S. 579 (1952), Youngstown Sheet & Tube Co. v. Sawyer

    ... he believed would jeopardize national defense, the President issued an Executive Order ... to recover in the Court of Claims on account of properties unlawfully taken by government ...But, as Mr. Justice Brandeis stated in his dissent in Myers v. United States , 272 ... troops abroad derives from that act "affirmative power" to seize the means of producing a supply ...

  • 549 U.S. 422 (2007), 06-102, Sinochem Intern. Co. Ltd. v. Malaysia Intern. Shipping Corp.

    ...839, account in large part for the Third Circuit's conclusion. ... Gulf Oil answered in the affirmative the question whether a court that had ...'s waiver of any statute of limitations defense or objection to the foreign forum's jurisdiction, ... underlying these decisions was well stated by the Seventh Circuit: "[J]urisdiction is vital ...

  • 455 U.S. 72 (1982), 80-1345, Kaiser Steel Corp. v. Mullins

    ...Both courts rejected petitioner's defense without passing on the legality of the purchased ... purchased coal clause was not taken into account in calculating the needs and. . revenues of ...As the Court recently stated with respect to a statute which also provides ...While only the Board may provide affirmative remedies for unfair labor practices, a court may ...

  • 709 F.3d 388 (4th Cir. 2013), 11-2150, In re ESA Environmental Specialists, Inc.

    ... ESA deposited those funds into its bank account. On May 17, 2007, ESA transferred $1.375 million ...§ 547. Hanover asserted two affirmative defenses to the Trustee's claims in the ... We then stated that " [t]he test is not what the creditor ...

  • 689 F.3d 655 (7th Cir. 2012), 11-1182, Passananti v. Cook County

    ...At the close of plaintiff's case, the defense orally moved under Rule 50(a) for judgment as a ...In final trial preparations, Passananti stated her case as follows:. The Plaintiff, KIMBERLY ... any the less offensive to women on account of gender. It is undeniable that the terms " ... harassment, an employer may raise an affirmative defense to liability that must be proved by a ...

  • 570 U.S. 297 (2013), 11-345, Fisher v. University of Texas at Austin

    ... its stated goal. Applying that standard, the court upheld ... differently on account of his race or ethnic origin is. inherently ... of a university’s adoption of an affirmative action. plan in issue. But strict scrutiny ... University in defense of discrimination are the same as those. ...

  • 163 F.3d 326 (5th Cir. 1999), 97-11292, Kiser v. Johnson

    ... in raising the statute of limitations defense" sua sponte. For reasons that follow, we affirm. \xC2"... limitations is jurisdictional or an affirmative defense. Our review is limited to those two ... have been tolled until June 26, 1996 to account for the time in which his second state habeas ...Pursuant to Rule 8(c), this Court has stated that "an affirmative defense .. generally should ...

  • 769 F.3d 1005 (9th Cir. 2014), 11-17454, C. B. v. City of Sonora

    ...In Part I of his opinion, Judge M. Smith stated that a majority of the court agreed that Chief ... contradicted much of Chief McIntosh's account. She did not remember Chief McIntosh ever making ... Prock had established privilege, an affirmative defense to the IIED claim; and (4) C.B. was ...

  • 446 U.S. 14 (1980), 78-1261, Carlson v. Green

    ... hesitation in the absence of affirmative action by Congress, petitioners not enjoying such ... Estelle and that a cause of action was stated under Bivens , but reversed the holding that § ... progenty [ sic ], in that it waives the defense of sovereign immunity so as to make the ... take into account [a range of policy considerations] at least as ...

  • __ U.S. __ (2014), 12-515, Michigan v. Bay Mills Indian Community

    ...That is because, as we. have often stated (and contrary to the dissent's novel. ... than 20% of Indian gaming facilities accounted. for roughly 70% of the revenues from such ... defense in its own courts. We have long recognized that ... represents' affirmative congressional approval of". one of this ...

  • 437 U.S. 82 (1978), 76-1382, United States v. Scott

    ... of the indictment on the ground that his defense had been prejudiced by preindictment delay. At ..., quoting language in Ball, supra at 671, stated:. Perhaps the most fundamental rule in the ... apply today's decision to similar "affirmative defenses" are left without meaningful guidance, ... . Notes:. 1 A thorough account of the enactment and development of the Act is ...

  • 505 U.S. 504 (1992), 90-1038, Cipollone v. Liggett Group, Inc.

    ... law damages actions; and by the Act's stated purpose and regulatory context, which establish ...89).         As one of their defenses, respondents contended that the Federal Cigarette ... law to enforce duties that are either affirmative requirements or negative prohibitions. We ... seem odder still when one takes into account the second new rule that the Court announces:. ...

  • 747 F.3d 1162 (9th Cir. 2014), 10-55702, Albino v. Baca

    ... to exhaust under the PLRA is " an affirmative defense the defendant must plead and prove." ... superseded by statute on other grounds as stated in Booth v. Churner , 532 U.S. 731, 740-41, ... may not reverse [the district court's account of the evidence] even though convinced that had ...

  • 257 F.3d 89 (2nd Cir. 2001), 00-2002, Leka v Portuondo

    ... in time sufficient to allow the defense to use their testimony at trial. ...His account, which is critical to the appeal, is as follows:. ...Indeed, the court stated that if the prosecutor did not call Garcia, the ... its progeny, the government has an affirmative duty to disclose . . favorable evidence ...

  • 621 F.3d 1102 (9th Cir. 2010), 09-35969, Vernor v. Autodesk, Inc.

    ... because of two of the Copyright Act's affirmative defenses that apply to owners of copies of ...This time, eBay suspended Vernor's account because of Autodesk's repeated charges of ... significant transfer restrictions: it stated that the license is nontransferable, the software ...

  • 516 F.3d 955 (11th Cir. 2008), 05-12988, Davis v. Coca-Cola Bottling Co. Consol.

    ... all other similarly situated employees on account of their race, which is black, with respect to ...And it all but stated that these black employees constituted a class ..., could recognize the parties' claims and defenses, identify the issues of fact to be litigated, and ... through the fourteenth defenses were affirmative defenses, and except for the seventh defense, ...

  • 544 U.S. 197 (2005), 03-855, City of Sherrill v. Oneida Indian Nation of New York

    ... lands for tribal communities that takes account of the interests of others with stakes in the ... II), this Court held that the Oneidas stated a triable claim for damages against the County of ... in Oneida II, we rejected various defenses the counties presented that might have barred the ...The Tribe's claim, whether affirmative or defensive, see ante, at 214, n. 7, is one ...

  • 541 F.3d 295 (5th Cir. 2008), 07-20270, Crowell v. Shell Oil Co.

    ...The Amendment stated, “Pennzoil-Quaker State Company .. does hereby ... annual additions which may be made to the account of any participating employee under the ... because it failed to “include an affirmative statement that all defendants who have been ... bar" 56 and have referred to it as a “defense." 57 Other circuits have expressly held that ...

  • 827 F.3d 699 (7th Cir. 2016), 15-2343, Bell v. Taylor

    ... in short and plain terms its defenses to each claim asserted. against it[.]" Bell ... the daytime photo as an affirmative defense, and therefore. contends that ...Rather, Taylor stated in his. answer that he did not do what Bell ... that are not otherwise taken into account in calculating. actual damages." McRoberts ...

  • 10 F.3d 305 (5th Cir. 1994), 92-9015, United States v. Shanbaum

    ... Shanbaum from raising the innocent spouse defense in the court below. Alternatively, the government ...; however, she did not raise any affirmative defenses.         Pursuant to Rule 16 of ...Mrs. Shanbaum also stated that she had received an eighth-grade education ... understatement," and (4) "taking into account all the facts and circumstances, it is ...