account stated affirmative defense

19289 results for account stated affirmative defense

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  • 686 F.3d 248 (4th Cir. 2012), 09-7554, United States v. Akinsade

    ... proceeds from those checks into his own account. Eventually, Akinsade reported the transactions ...The court held that while counsel's affirmative misrepresentations rendered his assistance ... a knowing and voluntary plea supersedes defense counsel's affirmative misadvice on deportation ... 1 At oral arguments the Government stated that the reason for the nine-year delay in ...

  • 541 U.S. 267 (2004), 02-1580, Vieth v. Jubelirer

    ... the States and Congress may take into account when districting. Pp. 277-306. ...James Madison responded in defense of the provision that Congress must be given the ...[ 10 ] His reason for. . this is never stated, but it certainly cannot be that adherence to ... question can only be answered in the affirmative by the subsidiary showing that the classification ...

  • 168 F.3d 468 (11th Cir. 1999), 97-7013, Ferrill v. Parker Group, Inc.

    ... evidence of discrimination by affirmatively proving that it would have made the same decision even if it had not taken race into account. See Price Waterhouse v. Hopkins, 490 U.S. 228, ... its Memorandum Opinion, the District Court stated that there is "no evidence" that TPG acted with ... fide occupational qualification ("BFOQ") defense is an extremely narrow exception, see, e.g., ...

  • 143 U.S. 224 (1892), Hammond v. Hopkins

    ... of their discovery to be thereafter stated at length. .         It was further ... court of said district 'a first and final account' of what purported to be an 'account of the ... .  and the allegations denied, the defenses reiterated, and the want of explanation of ... were lulled into repose by any affirmative conduct on their part.  Still less does this ...

  • 953 F.2d 1025 (6th Cir. 1992), 90-3727, Smith v. Transworld Systems, Inc.

    ... that this check was charged against his account on November 23, 1988. On January 8, 1989, ... issued by Ryder to Transworld incorrectly stated the balance due as $456.21--Smith's November ... (for the first time) a "bona fide error" defense: "A debt collector may not be held liable in any ... the defendant did not plead the affirmative defense of bona fide error in its Answer, the ...

  • 166 F.3d 139 (3rd Cir. 1999), 97-1683, Durham Life Ins. Co. v. Evans

    ... that Durham is not entitled to the affirmative defense that Evans unreasonably failed to use an ... the scheduled meeting and Evans lost the account. Evans testified that male agents . . ... Insurance Department that inaccurately stated that Evans had filed only two of five replacement ...

  • 497 U.S. 1 (1990), 89-645, Milkovich v. Lorain Journal Co.

    ... determined and truth is a complete defense to a suit for defamation. . ... into the common law as an affirmative defense to an action for defamation. ... of fact, whether it was expressly stated" or implied from an expression of opinion. .   \xC2"... (1985) (stressing the need to take into account "the cultural common sense of the ordinary ...

  • __ U.S. __ (2014), 13-317, Halliburton Co. v. Erica P. John Fund, Inc.

    Investors can recover damages in a private securities fraud action only with proof that they relied on misrepresentation in deciding to buy or sell stock. The Supreme Court held, in "Basic," that the requirement could be met by invoking a presumption that the price of stock traded in an efficient market reflects all public, material information, including material misrepresentations; a defendant...

    ... capital markets hypothesis." Basic stated that " the market price of shares traded on ... that the market for that stock takes account of material, public information about the ... seeking class certification to " 'affirmatively demonstrate'" certification requirements like the ... majority wisely skips this next line of defense), we cannot draw from Congress' silence on this ...

  • 497 F.3d 1360 (Fed. Cir. 2007), Misc. 830, In re Seagate Technology, LLC

    ... infringer asserts an advice of counsel defense" to a charge of willful infringement. .   \xC2"... of another's patent rights, he has an affirmative duty to exercise due care to determine whether or ... equitable action for an injunction and accounting. See Root v. Ry., 105 U.S. 189, 215-216, 26 ... Such an increase, which may be stated by the trial court either as a reasonable royalty ...

  • 441 F.3d 119 (2nd Cir. 2006), 04-3299, United States v. Snype

    ... as to be essentially conceded by the defense.         Federal law is clear that a ... Id. 18. Moreover, she stated that she then knew that she was not required to ... information" in the form of press accounts of co-defendant's admissions at guilty plea); ... from the court precisely what they affirmatively sought, it ill behooves defendants now to ...

  • 788 F.2d 781 (D.C. Cir. 1986), 85-5329, Bishopp v. District of Columbia

    ... was beginning to develop an affirmative action plan at that time. The court refused, ... action plan or to consider an alternative defense based on that plan, ruling that it was ... If the district court's account of the evidence is plausible in light of the ...The court also stated that "[t]he 1977 Breen transfer was made for an ...

  • 114 T.C. 276 (T.C. 2000), 27554-96, Butler v. Commissioner of Internal Revenue

    ... maintained the family's checking account and handled the bills for all of the household ... petitioner, including petitioner's affirmative defense that she is entitled to innocent spouse ... .          This Court has stated that there exists a strong presumption that the ...

  • 607 F.3d 1076 (6th Cir. 2010), 08-2567, Bennett v. MIS Corp.

    ...MoldQuest's report stated that " the presence of Stachybotrys indicated the ... liability under the government contractor defense because the FAA had closely regulated, monitored, ... any act under color of such office or on account of any right, title or authority claimed under ... Id . at 512. Post- Boyle , this affirmative defense -- the product of federal common law -- ...

  • 799 F.2d 69 (3rd Cir. 1986), 85-3519, Waddell v. Small Tube Products, Inc.

    ...The EEOC stated it would assert jurisdiction on the 60th day ... could appropriately have taken that into account.         The fact that the EEOC charge ... VII actions are subject to the equitable defense of laches when plaintiff has not fulfilled his or ... stated that, "Title VII places an affirmative duty on the plaintiff to mitigate his back pay ...

  • 712 F.3d 572 (D.C. Cir. 2013), 11-7127, Ayissi-Etoh v. Mae

    ... been taken and the employer proves an affirmative defense: (i) that it exercised reasonable care to ...          Because Ayissi-Etoh's account could lead a reasonable jury to return a verdict ...Because Pesut simply stated the truth— that part of Ayissi-Etoh's audit ...

  • 742 F.2d 371 (7th Cir. 1984), 82-1055, Evans v. Meyer

    ... to advise Evans that he might have a defense of intoxication either constituted ineffective ... requirement that the defendant affirmatively prove prejudice." Strickland v. Washington, ...Evans therefore affirmatively stated that he agreed with the factual basis for the ... other factors would have to be taken into account. For example, in the present case, the maximum ...

  • 454 U.S. 516 (1982), 80-965, Texaco, Inc. v. Short

    ... if their owners do not take the affirmative" action required by the State. 17 .       \xC2"...Roth , 408 U.S. 564, 577, the Court stated:. Property interests, of course, are not ... trust fund of a judicial settlement of accounts by the trustee of the [102 S.Ct. 795] fund. The ..., and the citizen from being put to his defense after memories have faded, witnesses have died or ...

  • 252 F.3d 1124 (10th Cir. 2001), 00-1153, Medina v. Cram

    ... motion for summary judgment based on the defense of qualified immunity. We exercise jurisdiction ... interests, courts recognize the affirmative defense of qualified immunity, which protects ... with the actual seizure are taken into account in determining whether the seizure is ...Finally, the Court stated that "[t]he unprecedented change made by the ...

  • 448 U.S. 607 (1980), 78-911, Industrial Union Department, AFL-CIO v. American Petroleum Institute

    ... of its earlier recommendation, NIOSH stated that these studies provided "conclusive" proof of .... . he should take into account that anyone working in toxic agents and physical ... requirement was imposed as an affirmative limit on the standard-setting power. ... that the presence of several different defense mechanisms in the human body make it unlikely ...

  • 616 F.3d 321 (4th Cir. 2010), 06-6, United States v. Lighty

    ... to assure a fair trial, and taking into account the reality of the human fallibility of the ...As part of his defense at the guilt phase, Lighty called three ... June had just brought it and then Kenny stated, Back with June Bug. Fixed it. So I said, Oh. ...We answered that question in the affirmative, noting that multiple, consecutive sentences ...

  • 447 F.3d 292 (4th Cir. 2006), 04-1314, Ridpath v. Board of Governors Marshall University

    ... of the district court in rejecting this defense at the Rule 12(b)(6) stage. . of these ... Id. Angel further stated that he had previously dealt with similar ... observe that qualified immunity is an affirmative defense, and the burden of pleading it "rests ... Pickering balancing, "we must take into account the context of the employee's speech" and "the ...

  • 427 F.3d 1177 (9th Cir. 2005), 03-35906, Hardage v. CBS Broadcasting, Inc.

    ... that CBS was entitled to assert an affirmative defense to liability based on the Supreme Court's ..., Hardage began working as an advertising account executive for KSTW-TV, a television station owned ...." Leo Elbert, another employee at KSTW, stated that Sparks would "camp out" in Hardage's office, ...

  • 461 F.3d 763 (6th Cir. 2006), 03-6559, Owens v. Keeling

    ..., about his reclassification hearing, but stated that Maloney's office would take no action unless ... the defendant must plead and prove an affirmative defense of nonexhaustion. The Supreme Court has ... "[t]he appellees do not dispute [Owens]'s account of the administrative steps he completed," ...

  • 276 F.3d 1091 (9th Cir. 2002), 99-17087, B.K.B. v. Maui Police Dept.

    ... the County of Maui ("the County") offered defense testimony, which the district court admitted, ...She stated that "I am referred to as `Haole' and given the ... Rocky Lassiter corroborated Tihada's account of how on one occasion Plaintiff handed him her ... summary judgment based on employer's affirmative defense of prompt remediation). Such a confluence ...

  • 878 F.3d 89 (4th Cir. 2017), 15-7680, Thompson v. Commonwealth of Virginia

    Plaintiff, an inmate of the VDOC, filed suit under 42 U.S.C. 1983, alleging violations of his constitutional rights primarily stemming from a "rough ride" transporting him in a van. The district court granted summary judgment for defendants. In regard to the Eighth Amendment claim, the Fourth Circuit held that plaintiff has shown facts making out a violation of a clearly established right based...

    ... hour and a half. By Mr. Thompson's account, the van then. made a short stop at a ...Thompson looked and. stated that they were going to make his stay at DMCC a. ...To overcome the qualified immunity defense at the. summary judgment stage, the ... affirmative " obligation to take reasonable measures to. ...