account stated affirmative defense

18879 results for account stated affirmative defense

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  • 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 ...

  • 513 F.3d 1261 (11th Cir. 2008), 06-14440, Goldsmith v. Bagby Elevator Co., Inc.

    ... prohibited as unlawful and against stated company policy. In addition, the company's ... challenged employment action as an affirmative defense to liability. Coutu v. Martin County Bd. ... "decline[d] to adjust the lodestar to account for other considerations," including Goldsmith's ...

  • 124 F.3d 123 (2nd Cir. 1997), 341, Ricciuti v. N.Y.C. Transit Authority

    ..., who produced a corrections officer badge, stated that he had been attacked without provocation, ... Lopez that plaintiff was acting in self-defense and therefore lacked the requisite intent to ...       A police officer "has an affirmative duty to intercede on the behalf of a citizen ... a finding that the victim was harassed on account of his race. N.Y. Penal L. § 240.30(3). If so, a ...

  • Prepaid Accounts Under the Electronic Fund Transfer Act (Regulation E) and the Truth in Lending Act (Regulation Z)

    The Bureau of Consumer Financial Protection (Bureau) is proposing to amend Regulation E, which implements the Electronic Fund Transfer Act (EFTA); Regulation Z, which implements the Truth in Lending Act (TILA); and the official interpretations to the regulations. The proposal would create comprehensive consumer protections for prepaid financial products. The proposal would expressly bring such...

    ..., with the remainder for prepaid cards.\47\ The report also stated that more than 80 percent of the schools identified in the report ..., including whether to require that consumers affirmatively opt in before being charged for overdraft services. First, in May ... Separately, the Department of Defense (the Department) recently proposed amendments to its regulation ...

  • 378 U.S. 52 (1964), 138, Murphy v. Waterfront Commission

    ...The court stated the rule to be:. that this court shall not ... that which, if he answers in the affirmative, will subject him to the punishment of a crime . ... States sued in an English court for an accounting and payment of moneys allegedly received by the ... must plead and prove, as an affirmative defense, that he has received immunity and that the ...

  • 497 U.S. 62 (1990), Rutan v. Republican Party of Illinois

    ... and petitioners and cross-respondents have stated claims upon which relief may be granted. Pp. ... the disadvantages imposed by affirmative action plans among innocent parties. The ...This defense of patronage obfuscates the critical distinction ... political affiliation could be taken into account in hirings and promotions. Today the Court makes ...

  • 508 U.S. 333 (1993), 91-1738, Gilmore v. Taylor

    ... jury from considering evidence of an affirmative defense. Cases following Cupp in the Winship .... As stated previously, the Defendant is charged with ...38, 119-2 (1985). If Taylor's account is to be believed, then, under the law of the ...

  • __ U.S. __, 16-8255, McCoy v. Louisiana

    ... issue. McCoy testified in his own defense, maintaining his. innocence and pressing an ... account" in view of the prosecution\u0092s evidence. Louisiana\xC2"... the reasons stated, the judgment of the Louisiana Supreme. ... not required to take any affirmative steps to support. petitioner’s bizarre ...

  • 383 U.S. 541 (1966), 104, Kent v. United States

    ... and the possibility of mental illness." As stated, neither this report nor the Social Service file ...         At trial, petitioner's defense was wholly directed toward proving that he was ...However, because we remand the case on account of the procedural error with respect to waiver of ... being merely that of bringing forward affirmative information which might help the court. His ...

  • 561 U.S. 742 (2010), 08-1521, McDonald v. City of Chicago, Illinois

    ... and bear arms for the purpose of self-defense and struck down a District of Columbia law that ... 5 (Emphasis added.) Second, the Court stated that a contrary reading would "radically chang[e] ...          If Justice Stevens' account of the [177 L.Ed.2d 934] constraints of his ... admit confessions unless they are affirmatively shown to have been coerced, but see Miranda v. ...

  • 374 U.S. 321 (1963), 83, United States v. Philadelphia National Bank

    ... crediting the borrower's demand deposit account, it augments the Nation's credit supply. 4 ....         He also stated that the consolidated bank. would be far better ...         We turn now to three affirmative justifications which appellees offer for the ... banking industry, and does not exclude defenses based on dangers to liquidity or. . solvency, ...

  • 184 U.S. 540 (1902), 48, Connolly v. Union Sewer Pipe Company

    ...         The first special defense in this case, based alone upon the principles of ...         The case is stated in the opinion of the court. . ...         These notes were given on account of the purchase by the defendant from the ...      The cases afford not only affirmative examples, but also by a negative deduction ...

  • 554 U.S. 570 (2008), 07-290, District of Columbia v. Heller

    ... even when necessary for self-defense, violated that right. Held: . 1. The ... demands that there be a link between the stated purpose and the command. The Second Amendment ... interference rather than an affirmative right to engage in protected conduct, and so ...2842] One particularly chilling account of Reconstruction-era Klan violence directed at a ...

  • 332 U.S. 708 (1948), 73, Von Moltke v. Gillies

    ... charge against her or as to her possible defenses, and did not inquire if she knew the punishment ...JUSTICE JACKSON, for the reasons stated in a separate opinion, agree that the judgment of ... whether he rejected the petitioner's account of the FBI agent's counseling or whether he did ...She answered in the affirmative. The Judge inquired if she desired the assistance ...

  • Apprenticeship Programs; Equal Employment Opportunity

    The U.S. Department of Labor (DOL or Department) is issuing this rule to modernize the equal employment opportunity regulations that implement the National Apprenticeship Act of 1937. The existing regulations prohibit discrimination in registered apprenticeship on the basis of race, color, religion, national origin, and sex, and require that sponsors of registered apprenticeship programs take...

    ... apprenticeship programs take affirmative action to provide equal opportunity in such ...However, unless otherwise stated, the tables and discussions of RAPIDS data are ... registered apprenticeships, whereas men accounted for 92.9 percent. Additionally, while the share ... will look to the legal standards and defenses that apply under Title VII and Executive Order ...

  • 458 U.S. 219 (1982), 81-300, Ford Motor Co. v. Equal Employment Opportunity Commission

    ... employment practice, and order such affirmative action as may be appropriate, which may ... persons whole for injuries suffered on account of unlawful employment discrimination." Id. at ...Ford's stated hiring practice was to fill job vacancies at the ... mounting backpay bill, to surrender his defense to the charge that the claimant is entitled to ...

  • 142 F.3d 582 (3rd Cir. 1998), 97-1615, Sameric Corp. of Delaware, Inc. v. City of Philadelphia

    ... criterion and the first and fifth stated purposes, the district court found that the ... doctrine, this court focuses on the affirmative acts of the defendant. See id. ... asserted a governmental immunity defense to these claims under the Political Subdivision ... agency is liable for civil damages on account...

  • 572 U.S. 291 (2014), 12-682, Schuette v. Coalition To Defend Affirmative Action

    ... challenging parties, on account of race, from invoking the. protection of California's ...557, 21 L.Ed.2d 616. The Court. stated: " It is against this background that the. referendum ... defense of a race-based admissions policy on the ground that. it ...

  • 139 U.S. 24 (1891), Central Transp. Co. v. Pullman's Palace Car Co.

    ...'s certificate of incorporation or charter stated the object for which it was formed, 'the ....         The principal defense in this case, duly made by the defendant, by ... been in possession five years, and the accounts of the parties for those years had been adjusted ... railroads could not, for want of affirmative legislative authority for the sale and purchase ...

  • 444 U.S. 394 (1980), 78-990, United States v. Bailey

    ... proffered jury instruction on duress as a defense, ruling that they had failed as a matter of law ...414-415.         3. If an affirmative defense consists of several elements and ...He stated that he "had the jail officials called several ... is the judge of whether the prisoner's account of his reason for flight is true or false. But ...

  • 475 U.S. 767 (1986), 84-1491, Philadelphia Newspapers v. Hepps

    ... truth of the statements has an absolute defense. See 506 Pa. 304, 313-314, 485 A.2d 374, 379 ...Any analysis must also take into account the. legitimate state interest underlying the ... the shield law rather than to present affirmative evidence of the truthfulness of some of the ...         For the reasons stated above, the judgment of the Pennsylvania Supreme ...

  • 398 F.3d 76 (1st Cir. 2005), 04-1719, Noviello v. City of Boston

    ... runs afoul of an inexpugnable affirmative defense--the employer's swift, effective, and ... . Moreover, she stated that she did not think that the harassment would ... In reaching this conclusion, we take into account the relative ubiquity of the retaliatory conduct, ...

  • 534 U.S. 362 (2002), 00-6933, Lee v. Kemna

    ...His planned alibi defense—that he was in California with his family at the ... the trial judge denied Lee's motion, he stated a reason that could not have been countered by a ...His sole affirmative defense was an alibi; Lee maintained he was in ... a party requesting a continuance on account of missing witnesses to explain why it is needed, ...

  • The New Law of the Child.

    ...Rights 1527 1. Affirmative Rights 1528 2. Agency Rights 1532 3. Equality and ... beyond dependency and autonomy takes account of the unique strengths and capacities of ...We reject the classic defense of parental rights--that they are necessary to ...Justice Powell stated that these differences "abound in our law: in ...