affirmative defenses to breach of contract
4213 results for affirmative defenses to breach of contract
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564 F.3d 386 (5th Cir. 2009), 08-11224, Mullins v. TestAmerica, Inc.
... filed suit against TestAmerica claiming breach of contract and fraud and against TestAmerica and ... complaint " distinctly and affirmatively alleged" the citizenship of all of Sagaponack's ...For example, recognized affirmative defenses to breach of contract such as modification, 12 ...
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796 F.3d 822 (7th Cir. 2015), 14-3075, Firestone Fin. Corp. v. Meyer
JHM rents commercial laundry machines to Chicago-area apartment buildings. Firestone made four loans to JHM, totaling $254,114.99. JHM defaulted on each. Firestone sued. JHM filed an answer, asserting a counterclaim of promissory estoppel, alleging that after Firestone’s first two loans to JHM, Firestone vice president McAllister had represented that his company “wanted to expand [its]...
... 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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209 F.3d 252 (3rd Cir. 2000), 98-2164, Folger Adam Security v. Dematteis Macgregor
..., we are asked to decide whether the affirmative defenses of setoff, recoupment, and other ... of alleged defaults under certain contracts with the debtors, constitute an "interest" under ... however, claiming that the Companies had breached their contractual obligations. Specifically, ...
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550 U.S. 544 (2007), 05-1126, Bell Atlantic Corp. v. Twombly
... Sherman Act, which prohibits "[e]very contract, combination in the form of trust or otherwise, ... a diversity action the plaintiff alleged breach of contract, but the District Court dismissed the ... the regional monopolists to take affirmative steps to facilitate entry to new competitors, see ... "the elimination of frivolous claims or defenses," Rule 16(c)(1); "the necessity or desirability ...
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565 U.S. 171 (2012), 10-553, Hosanna-Tabor Evangelical Lutheran Church and School v. Equal Employment Opportunity Commission
... contracted with a lay teacher to fill Perich's position. ... employees alleging breach of contract or tortious conduct by. their ... with two defenses to claims of discrimination that arise. ... as an affirmative defense); Bryce, 289 F.3d, at 654. (same); ...
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538 F.3d 1336 (10th Cir. 2008), 06-1328, Grynberg v. Total S.A.
... Total raise against each a tort claim for breach of fiduciary duty and an equitable claim for ...Neither asserts a claim for breach of contract. Rather, they each present two other claims. The ... and Total raised in their answers the affirmative defenses of the statute of limitations and ...
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573 F.3d 17 (1st Cir. 2009), 08-1533, Citibank Global Markets, Inc. v. Rodriguez Santana
... of $200,000 for appellants' alleged breach of the settlement agreement. ..., breach of fiduciary duty and breach of contract in violation of Puerto Rico law, breach of Puerto ... not consider Smith Barney's alternative defenses, including inter alia, defenses based on ...Release is an affirmative defense, see Fed.R.Civ.P. 8(c), and such a ...
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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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347 F.3d 370 (2nd Cir. 2003), 02-7281, Storey v. Cello Holdings, L.L.C.
... & Pittleman, P.C., setting forth legal defenses", factual contentions, and denials. \xC2"...contractual forum selection clause," Cello next argues that ... rise to a separate cause of action for breach of contract); First Jersey Secs., Inc., 101 ... for the answer's assertion of an affirmative defense based on "laches" and "contractual ...
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735 F.3d 892 (9th Cir. 2013), 11-17365, Rivera v. Peri & Sons Farms, Inc.
... . claimed that Peri & Sons breached its employment contracts by violating the terms ... are not required to counter affirmative defenses in their complaints. They also assert ...
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886 F.3d 652 (7th Cir. 2018), 16-3838, Baek v. Clausen
Baek purchased property through his LLC and obtained financing from Labe Bank; Frank was the loan officer. Frank later moved to NCB and asked Baek to move his business, representing that NCB would provide a larger construction loan at a lower rate. In 2006, Baek entered a construction loan with NCB for $11,750,000. Baek executed a loan agreement, mortgage, promissory note, and commercial guaranty.
... fraud and breach of contract action (" Parallel. Action" ), ...The Baeks filed several. affirmative" defenses and a counterclaim. . . \xC2"...
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Mullins v. TestAmerica Inc, 033009 FED5, 08-11224
... filed suit against TestAmerica claiming breach of contract and fraud and against TestAmerica and ... complaint " distinctly and affirmatively alleged" the citizenship of all of Sagaponack's ...For example, recognized affirmative defenses to breach of contract such as modification, 12 ...
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Mullins v. Testamerica Inc., 033009 FED5, 08-11224
... filed suit against TestAmerica claiming breach of contract and fraud and against TestAmerica and ... complaint " distinctly and affirmatively alleged" the citizenship of all of Sagaponack's ...For example, recognized affirmative defenses to breach of contract such as modification, 12 ...
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601 F.3d 1159 (11th Cir. 2010), 08-16430, Sacred Heart Health Systems, Inc. v. Humana Military Healthcare Services, Inc.
... under a federal program, and thereby breached their individual network provider agreements. ... is a managed care organization that contracts with hospitals and other care providers to offer ... improper reimbursement, and waiver of defenses to breach. At the Rule 23 ... extrinsic evidence relevant to the affirmative defenses of ratification and waiver would ...
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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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867 F.3d 692 (6th Cir. 2017), 16-2181, Hemlock Semiconductor Operations, LLC v. SolarWorld Industries Sachsen GmbH
Hemlock and Sachsen manufacture components of solar-power products. They entered into a series of long-term supply agreements (LTAs), by which Hemlock in Michigan would supply Sachsen in Germany with set quantities of polycrystalline silicon (polysilicon) at fixed prices from 2006-2019. The market price of polysilicon was initially well above the LTA price, but the market price plummeted after...
... 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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223 F.3d 382 (6th Cir. 2000), 98-5309, Wallace Hardware Co. v Abrams
... the Abrams brothers on Wallace Hardware's breach-of-guaranty claim. For his part, ...-guaranty claim by asserting a breach-of-contract claim and two claims of fraud. The District Court ... his answer, and declined to strike any defenses from Lonnie Abrams' answer. Next, the lower court ... asserted by the Abrams brothers as affirmative defenses, both Tri-County's and the Abrams' ...
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523 U.S. 653 (1998), 97-463, Textron Lycoming Reciprocating Engine Div. AVCO Copr. v. Automobile Workers
... only over "[s]uits for violation of contracts." While a federal court may, in the course of ...-bargaining agreement, adjudicate the affirmative defense that the contract was invalid, see ... in this case would be Textron's action for breach of the collective-bargaining agreement. It relies ..., courts must adjudicate affirmative defenses such as fraud . . . in the collective bargaining ...
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521 U.S. 591 (1997), 96-270, Amchem Products, Inc. v. Windsor
... failure to warn, (2) strict liability, (3) breach of express and implied warranty, (4) negligent ... of the complaint and asserted 11 affirmative defenses. A stipulation of ...It is unclear whether they will contract asbestos-related disease and, if so, what disease ...
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22 F.3d 1472 (10th Cir. 1994), 92-6334, F.D.I.C. v. Hulsey
... in favor of the FDIC on numerous affirmative defenses; and the district court's finding of ... misrepresentation, constructive fraud/breach of fiduciary duty, tortious interference with ... distress, negligence, breach of contract, and breach of implied covenant of good faith and ...
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162 F.3d 1290 (11th Cir. 1998), 94-3324, Johnson Enterprises of Jacksonville, Inc. v. FPL Group, Inc.
... between the parties to a construction contract, leading to a fifteen-claim lawsuit by the ... and Florida tort law, in addition to breach of contract. Twelve of the claims went to trial. ... for relief, and asserted several affirmative defenses. These defenses alleged, inter alia, ...
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322 F.3d 147 (2nd Cir. 2003), 01-9432, Official Committee of Unsecured Creditors of Color Tile Inc. v. Coopers & Lybrand, LLP
... (Cedarbaum, J.) dismissing plaintiff's breach of fiduciary duty and breach of contract claims ... as a matter of Texas law the affirmative defense of in pari delicto. PETER ... had nothing to do with affirmative defenses. Rather, because the appeal in Wagoner arose ...
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524 F.3d 315 (1st Cir. 2008), 07-1476, Trans-Spec Truck Service, Inc. v. Caterpillar Inc.
... Commercial Code of Massachusetts to breach of warranty claims brought by Trans-Spec Truck ... Affirmative defenses, such as the statute of limitations, may ...The ESC states: "This service contract . . . provides full components and labor coverage ...
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705 F.2d 134 (6th Cir. 1983), 80-3702, Roth Steel Products v. Sharon Steel Corp.
... This diversity action for breach of contract involves issues which require us to ... calendar year 1973 and raised several defenses: the statute of frauds, modification of the oral ... 32 Sharon asserted the affirmative defense of commercial impracticability, 33 ...
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762 F.3d 165 (2nd Cir. 2014), 13-3416-cv, Sompo Japan Ins. Co. of Am. v. Norfolk S. Ry. Co.
...'s ability to maintain its claim for contractual indemnification -- a claim assigned to it by the ... Carmack Amendment, as well as claims for breach of contract, negligence, and bailment. In ... did not leave the defendants without defenses to the plaintiffs' suits, it circumscribed the ... responding to a pleading " must affirmatively state any avoidance or affirmative defense," ...