affirmative defenses to breach of contract
3588 results for affirmative defenses to breach of contract
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796 F.3d 822 (7th Cir. 2015), 14-3075, Firestone Fin. Corp. v. Meyer
... of breach, asserting a counterclaim of promissory . and raising various affirmative defenses. Relying on Federal. Rule of Civil ... companies, alleging claims for breach of contract, breach of. guaranty, replevin, and ...
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405 U.S. 174 (1972), 69-5, D. H. Overmyer Co., Inc., of Ohio v. Frick
... (Frick), and Overmyer, under a post-contract arrangement, had made a partial cash payment and ...When Overmyer, claiming a contract breach, stopped making payments on the new note, Frick, ... judgment without a trial of possible defenses which the signers of the notes might assert." ..., as here, the debtor alleged the affirmative defense of failure of consideration. Using the ...
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549 U.S. 118 (2007), 05-608, Medimmune, Inc. v. Genentech, Inc.
... petitioner has raised and preserved the contract claim that, because of patent invalidity, ... . licensee to terminate or be in breach of its license agreement before it can seek a ... obtain a premature ruling on potential defenses that would typically be adjudicated in a later ... judgment counterclaim asserting the affirmative defense of patent invalidity in response to a ...
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886 F.3d 652 (7th Cir. 2018), 16-3838, Baek v. Clausen
... fraud and breach of contract action (" Parallel. Action" ), ...The Baeks filed several. affirmative" defenses and a counterclaim. . . \xC2"...
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824 F.3d 483 (5th Cir. 2016), 15-40538, In re Pirani
... counterclaims, and affirmative defenses between two sides of. a business ... three breach-of-contract crossclaims against Circle Sherman. ...
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473 U.S. 614 (1985), 83-1569, Mitsubishi Motors Corp. v. Soler Chrysler-Plymouth, Inc.
... articles of the agreement or for the breach thereof. Thereafter, when attempts to work out ... Arbitration Act for implying in every contract within its ken a presumption against arbitration ... -- and Mitsubishi's bona fide defenses to those counterclaims -- are within the scope of ... arbitrators could consider Soler's affirmative claim of anticompetitive conduct by CISA and ...
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155 F.3d 331 (4th Cir. 1998), 97-1808, Broussard v. Meineke Discount Muffler Shops, Inc.
...'s handling of franchise advertising breached the Franchise and Trademark Agreements ("FTAs") ... a fair trial on the precise issue of contractual breach that is properly the focus of this case, ... has recognized, when the defendant's "affirmative defenses (such as .. the statute of limitations) ...
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494 F.3d 458 (4th Cir. 2007), 06-1009, Goodman v. Praxair, Inc.
... Marc Goodman's amended complaint for breach of contract against Praxair, Inc., and its ... be raised by the defendant through an affirmative defense, see Fed.R.Civ.P. 8(c), and the burden of ... that might be responsive to affirmative defenses even before the affirmative defenses are raised. ...
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505 U.S. 504 (1992), 90-1038, Cipollone v. Liggett Group, Inc.
..., a smoker since 1942, because they breached express warranties contained in their ...A common law remedy for a contractual commitment voluntarily undertaken should not be ...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 ...
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867 F.3d 692 (6th Cir. 2017), 16-2181, Hemlock Semiconductor Operations, LLC v. SolarWorld Industries Sachsen GmbH
... caused Hemlock to sue Sachsen for breach of contract in the. United States District ... In its answer, Sachsen asserted 17 affirmative defenses,. including illegality, commercial ...
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29 F.3d 855 (3rd Cir. 1994), 93-5688, ALA, Inc. v. CCAIR, Inc.
...("CCAIR") was in breach of an alleged agreement to sell ALA a controlling ...sufficient to indicate that a contract has been made for sale of a stated quantity of ... dismissal under Rule 12(b)(6) when an affirmative defense like the statute of frauds appears on its ... have recognized that other affirmative defenses may properly be raised in a motion to dismiss. ...
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517 U.S. 44 (1996), 94
...? We answer the first question in the affirmative, the second in the negative, and we therefore ... to show Congress has abrogated all defenses to that claim) (emphases deleted). Rather, as ... both expands federal power and contracts state power). Respondents focus elsewhere is ... immunity involved claims premised on the breach of rights that were rooted in state law. See ...
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490 U.S. 228 (1989), 87-1167, Price Waterhouse v. Hopkins
... 2-year effort to secure a $25 million contract with the Department of State, labeling it "an ... is most appropriately deemed an affirmative defense: the plaintiff must persuade the ... Thus, in multiple causation cases, where a breach of duty has been established, the common law of ... in which defendants raised affirmative defenses. The dissent fails, moreover, to explain why the ...
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984 F.2d 1524 (9th Cir. 1993), 88-15815, Fantasy, Inc. v. Fogerty
... of the songs covered by those contracts and, assuming a favorable ruling on the ... action did not constitute a material breach warranting rescission of the music publishing ... 241, 243 (9th Cir.1990) (striking of affirmative defenses under Rule 12(f)); Northern Cheyenne ...
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244 F.3d 708 (9th Cir. 2001), 99-56466, Owens v. Kaiser Foundation Health Plan
...' union, asserting causes of action for breach of implied-in-fact contract, breach of the ... answer to assert res judicata as an affirmative defense and for judgment on the pleadings based ... that defendants must raise affirmative defenses in their initial pleadings." Magana v. ...
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677 F.2d 1045 (5th Cir. 1982), 81-3162, Kaiser Aluminum & Chemical Sales, Inc. v. Avondale Shipyards, Inc.
...") initiated this action in 1979 for simple breach of contract against Avondale Shipyards, Inc. ... unlawfulness of the subcontract as an affirmative defense. Kaiser filed a motion ... is required, except that the following defenses may at the option of the pleader be made by ...
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203 F.3d 1202 (10th Cir. 2000), 98-3223, Koch v. Koch Industries Inc.
... Rule 10b-5, and state claims for breach of fiduciary duty, breach of warranty, and fraud. ... legal theories: (1) breach of contractual warranty; (2) breach of fiduciary duty; (3) ... the following three questions in the affirmative. (1) Could a reasonable jury find that at the ... spending thirteen years honing their defenses, this sudden amendment of the pretrial order ...
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34 F.3d 1132 (2nd Cir. 1994), 1815, Paddington Partners v. Bouchard
... this litigation, suing Econocom for breach of . . contract and for alleged violations ... Jeffries' Cross Claim, alleging, as affirmative defenses, failure to state a claim and ...
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501 U.S. 32 (1991), 90-256, Chambers v. Nasco
... did not attempt to sanction Chambers for breach of contract, but rather imposed sanctions for the ... pleadings" (including "baseless, affirmative defenses and counterclaims") that contained ...
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Efficient Copyright Infringement
Copyright infringement is said to be socially costly because it robs owners of due recompense and depresses incentives for creative production. This Article contends that, in order to achieve copyright’s goal of maximizing cultural production, this dominant story of infringement’s costs requires alongside it a counter-story identifying the rare but important instances where copyright infringement
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952 F.2d 1551 (9th Cir. 1991), 89-15165, Intel Corp. v. Hartford Acc. & Indem. Co.
... was sued for fraud, emotional distress and breach of contract. The policy at issue contained an ...Waiver is an affirmative defense, for which the insured bears the burden ... a claim, insurer waived affirmative defenses based on policy exclusions insurer failed to ...
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404 F.3d 566 (2nd Cir. 2005), 04-0843, Aetna Cas. and Sur. Co. v. Aniero Concrete Co., Inc.
..., Jr., Judge), holding a construction contract invalid because an express condition precedent ... claims against Hudson for negligence and breach of Hudson's contract with Aetna, to which Aniero ... prepared by Hudson or Aetna, and it affirmatively states that KBF compiled the Punchlists. ...-claims and dismissing the affirmative defenses that Aetna has raised in its answer. . ...
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Economic Duress A Poor Excuse for Non-Performance, 1113 ALBJ, 74 The Alabama Lawyer 386 (2013)
... party fails to meet or comply with a contractual requirement, causing the party serious annoyance ...To avoid the breach of contract and the consequences of such breach, ...Over the course of the defenses existence in Alabama, economic duress has been ... dismissal of a complaint seeking an affirmative recovery based on a claim of economic duress ...
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Arbitration Agreements
Pursuant to section 1028(b) of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Pub. L. 111-203), the Bureau of Consumer Financial Protection (Bureau) is proposing to establish 12 CFR part 1040, which would contain regulations governing two aspects of consumer finance dispute resolution. First, the proposed rule would prohibit covered providers of certain consumer financial products
...\ Parties may include language in their contracts, before any dispute has arisen, committing to ... protections against fraud, usury, or breach of contract, but these common law protections ...) a class representative whose claims or defenses are typical of those of the class; and (4) that ... owed to a company, with no additional affirmative claim by either party; in 31 percent of the ...