account stated affirmative defense

19289 results for account stated affirmative defense

  • vLex Rating
  • 473 U.S. 234 (1985), 84-351, Atascadero State Hosp. v. Scanlon

    ... only where stated "by . . the most express language or by ..., unless the California Legislature affirmatively imposes sovereign immunity, the State is ... what extent the principle of state accountability to the rule of law can or should be accommodated ... of state sovereign immunity as a defense, even in cases arising solely under state law. ...

  • 466 U.S. 147 (1984), 83-181, Baldwin County Welcome Center v. Brown

    ...It stated that, if Brown chose to commence a civil action ...Nor is this a case where affirmative misconduct on the part of a defendant lulled the ... employer had discriminated against her on account of her race in a complaint filed with the Equal ... never set forth the affirmative defense of the statute of limitation pursuant to Rule ...

  • 517 U.S. 952 (1996), 94-805, Bush v. Vera

    ... that underlies their VRA § 2 compliance defense. Once the correct standard is applied, the fact ... would not have existed but for its affirmative use of racial demographics. Assuming that the ...We. . stated in Hays that "[w]here a plaintiff resides in a .... . to vote on account of race or color." In 1982, Congress amended the ...

  • 487 U.S. 164 (1988), 87-5546, Franklin v. Lynaugh

    ... Texas capital murder trial, his principal defense was that he had been mistakenly identified, and ... the death penalty should be taken into account in answering the Special Issues, and could alone ... decide whether the evidence supported affirmative answers to the special questions "beyond a ...As JUSTICE WHITE stated:. The Georgia Legislature has plainly made an ...

  • 435 U.S. 702 (1978), 76-1810, City of Los Angeles Department of Water and Power v. Manhart

    ... factor other than the employee's sex accounted" for the differential here. Pp. 711-713.     \xC2"... Equal Pay Act of 1963 or some other affirmative" justification.         II.       \xC2"... Title VII contained a cost-justification defense comparable to the affirmative defense available ...At the same time, he has stated that a wage differential based on differences in ...

  • 492 U.S. 302 (1989), 87-6177, Penry v. Lynaugh

    ... the trial, petitioner raised an insanity defense and presented psychiatric testimony that he ... his blameworthiness, it made an affirmative answer to the second issue more likely. ... it is imprecise, does not adequately account for individuals' varying experiences and ...         As I stated in my separate opinion in Teague v. Lane , 489 ...

  • 589 F.3d 673 (3rd Cir. 2009), 08-2949, United States v. Battis

    ..., the DA's office had also repeatedly stated that " they were ready .. to try the case." App. ...On December 4, 2006, defense counsel moved to dismiss the indictment for ... prosecutors should also be taken into account. 8 .          Taken together, the ... claim prejudice without providing " affirmative proof of particularized prejudice." Given that " ...

  • 637 F.3d 939 (9th Cir. 2011), 09-35767, McCollough v. Johnson, Rodenburg & Lauinger, LLC

    ... school custodian, opened a credit card account with Chemical Bank sometime around 1990. Chemical ...-year statute of limitation on an account stated commences running from the date of the last ... had pled a statute of limitations defense in response. Dendy admitted that he made no ..." The bona fide error defense is an affirmative defense, for which the debt collector has the ...

  • 19 F.3d 586 (11th Cir. 1994), 93-8481, Mulhall v. Advance Sec., Inc.

    ..., equal employment opportunity, affirmative action, fidelity insurance claims, contract ... services and staff, and the Department of Defense industrial security program. On the government ...That charge stated in full:.         I. I have worked for ... the controller nor Mulhall were accountants. During these years the controller earned ...

  • 384 F.3d 567 (9th Cir. 2002), 99-99018, Williams v. Woodford

    ...We respectfully take the following account of the trial, in large part, from the California ... See id. at 905. Coward stated that at approximately 10:30 p.m. on February 27, ... See id. .         B. The Defense. .         Williams presented an alibi ... relief unless the petitioner makes an affirmative showing of prejudice. See Ghent, 279 F.3d at ...

  • 577 F.3d 790 (7th Cir. 2009), 08-3458, Ruth v. Triumph Partnerships

    ... was titled " Notification of Assignment," stated: " TRIUMPH PARTNERSHIPS LLP recently purchased ur [credit card] account and Triumph Asset Services (‘ TAS'), a debt ... by the FDCPA's " bona fide error defense," which provides that debt collectors are not ... and mailing plainly constituted affirmative" conduct with regard to collecting a debt.    \xC2"...

  • 666 F.2d 673 (1st Cir. 1981), 80-1830, Michelin Tires (Canada), Ltd. v. First Nat. Bank of Boston

    ... took a security interest in all JCC's accounts receivable and contract rights-including, of ... § 9-318(1)(a) does not create a new affirmative cause of action by an account debtor as against ...That section reads in pertinent part:. Defenses Against Assignee; Modification of Contract After ... to fraud, substantially the same rule is stated in § 14 of the Restatement: 3 . § 14. ...

  • 318 F.3d 1066 (11th Cir. 2003), 01-14069, Steger v. General Elec. Co.

    ... GE to introduce evidence on an affirmative defense which it had not raised in its answer, ... had provided billing, collection, and accounting support to GE's various businesses, and set up a ... the Development Planning section, Player stated that Steger should "[c]ontinue in [her] present ...

  • 437 U.S. 678 (1978), 76-1660, Hutto v. Finney

    ... unhappy history of the litigation into account, the court was justified in entering a ... for the Commissioner of Correction himself stated that prisoners should not ordinarily be held in ... to a court order." A State's jealous defense of its authority to operate its own correctional ... "[those] authorities fail in their affirmative obligations . . . , judicial authority may be ...

  • 210 F.3d 96 (2nd Cir. 2000), 98-6273, United States v Funds Benefit of John Wetterer

    ... but not limited to BANK OF AMERICA, ACCOUNT NUMBERS IF 1119-9984, 162232 IBF, 10201-01-1 AND ... availing itself of the innocent owner defense as provided in 18 U.S.C. § 981(a)(2) of the ...-called 'innocent owner' defense is an affirmative defense to be proven by the owner-claimant."); ...    Thus, for substantially the reasons stated in our discussion of alter ego, the Asociacion is ...

  • 20 F.3d 1250 (3rd Cir. 1994), 92-1435, Jordan v. Fox, Rothschild, O'Brien & Frankel

    ... Jordan Mitchell, Inc.'s checking account without prior notice or hearing. ... of a constitutional right can assert in defense good faith reliance on a longstanding, widespread ...had not stated a cognizable section 1983 claim because (1) ... under color of law can raise an affirmative defense of good faith in a section 1983 action. ...

  • 245 F.3d 474 (5th Cir. 2001), 99-11059, Giles v General Electric Company

    ... to renew the motion for [j.m.l.], the defense waive[s] its . . motion for judgment after ...[weight] restriction." The application also stated that Giles has "[c]hronic pain" and that he ... of the disability programs he applied for account for reasonable accommodations, . . . Plaintiff ..., arguing that the limitation is an affirmative defense; because GE failed to plead that defense, ...

  • 520 U.S. 43 (1997), 95-974, Arizonans for Official English v. Arizona

    ... by Article XXVIII, mooted the case stated in her complaint. Cf. Boyle v. Landry, 401 ... .         (d) Taking into account the novelty of the question of Article XXVIII's ... pleading "setting forth the[ir] claim or defense," as required by Rule 24(c). Ibid. But that ...38, drew the affirmative votes of 50.5% of Arizonans casting ballots in ...

  • 408 U.S. 1 (1972), 71-288, Laird v. Tatum

    ... issued by the Army and the Department of Defense subsequent to the District Court's dismissal of ... Court said: "The addressee carries an affirmative obligation which we do not think the Government ... do not meet this test; their claim, simply stated, is that they disagree with the judgments made by ...    Walter Lippmann gave the following account of his conversation with Churchill:. The ...

  • 678 F.3d 166 (2nd Cir. 2012), 10-1410-cv, Redd v. New York Div. of Parole

    ... 2006 as ordered by an arbitrator, Burgos stated that the decision as to whether Redd would be ... other relevant factor, may be taken into account, no single factor is required. . Id. ..., although in certain circumstances an affirmative defense may be available. See, e.g., ...

  • 431 U.S. 324 (1977), 75-636, Teamsters v. United States

    ... misleading because they fail to take into account the company's particular business. . situation ...We stated that. the thrust of [§ 703(h)] is directed ...It would place an affirmative obligation on the parties to the seniority ... 46 The employer's defense must, of course, be designed to meet the prima ...

  • 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; ...

  • 492 U.S. 158 (1989), 88-389, Public Employees Retirement System of Ohio v. Betts

    ...2857] employees on account of age. It rejected PERS' reliance on § 4(f)(2) ... facie case, since it is not so much a defense to an age discrimination charge as it is a ... is nonetheless controlling, for we stated in that case that "subterfuge" means "a scheme, ... of the various exemptions and affirmative defenses contained in § 4(f) illustrates, ...

  • 145 U.S. 393 (1892), 42, t. Louis, Vandalia and Terre Haute Railroad Company v. Terre Haute and Indianapolis Railroad Company

    ... a trustee of the plaintiff, and liable to account to it for the property and for all tolls and ... the demurrer on all these grounds, as stated in its opinion, reported in 33 F. 440. The ...If the contract is illegal, affirmative relief against it will not be granted at law or ... remains executory, its invalidity is a defense in a court of law, and a court of equity will ...

  • 550 U.S. 233 (2007), 05-11284, Abdul-Kabir v. Quarterman

    ... jury to answer two special issues, affirmative answers to which would require the judge to ... taking these latter considerations into account, advising them instead to answer the special ...Wright stated that "the manufacturing process [had] botched the ...2978. . 9 "By authorizing the defense to bring before the jury at the separate ...