affirmative defenses to breach of contract
3970 results for affirmative defenses to breach of contract
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vLex Rating
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209 F.3d 252 (3rd Cir. 2000), 98-2164, Folger Adam Security v. Dematteis Macgregor
... to decide whether the affirmative defenses of setoff, recoupment, and other contract defenses, which arose as a ... that the Companies had breached their contractual obligations. ...
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564 F.3d 386 (5th Cir. 2009), 08-11224, Mullins v. TestAmerica, Inc.
... against TestAmerica claiming breach of contract and fraud and against ... " distinctly and affirmatively alleged" the citizenship of all of ..., recognized affirmative defenses to breach of contract such as ...
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549 U.S. 118 (2007), 05-608, Medimmune, Inc. v. Genentech, Inc.
... raised and preserved the contract claim that, because of patent ... to terminate or be in breach of its license agreement before it ... ruling on potential defenses that would typically be adjudicated ... asserting the affirmative defense of patent invalidity in ...
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308 F.3d 1283 (Fed. Cir. 2002), 01-5097, Seaboard Lumber Co. v. U.S.
... on different timber sales contracts. Seaboard Lumber Co. v. United ... law of its non-performance defenses of force majeure, impossibility of ... damages resulting from its breach of the What contract. CDC disputes ... contracts becomes an affirmative defense, as to which the breaching ...
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584 F.3d 33 (2nd Cir. 2009), 07-3950-cv (L), Arch Ins. Co. v. Precision Stone, Inc.
... granted Fuller a no-bid contract " to build a plaza and fountain at ... Sureties asserted, as affirmative defenses, that the complaint was ... a contractor defaults or breaches an agreement with a subcontractor, ...
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Mullins v. TestAmerica Inc, 033009 FED5, 08-11224
... against TestAmerica claiming breach of contract and fraud and against ... " distinctly and affirmatively alleged" the citizenship of all of ..., recognized affirmative defenses to breach of contract such as ...
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Mullins v. Testamerica Inc., 033009 FED5, 08-11224
... against TestAmerica claiming breach of contract and fraud and against ... " distinctly and affirmatively alleged" the citizenship of all of ..., recognized affirmative defenses to breach of contract such as ...
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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. ... affirmative defenses and a counterclaim. . ...
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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 ... and raising various affirmative defenses. Relying on Federal. ... claims for breach of contract, breach of. guaranty, ...
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494 F.3d 458 (4th Cir. 2007), 06-1009, Goodman v. Praxair, Inc.
...'s amended complaint for breach of contract against Praxair, Inc., ... the defendant through an affirmative defense, see Fed.R.Civ.P. 8(c), and ... responsive to affirmative defenses even before the affirmative defenses ...
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505 U.S. 504 (1992), 90-1038, Cipollone v. Liggett Group, Inc.
... since 1942, because they breached express warranties contained in ... common law remedy for a contractual commitment voluntarily undertaken ... As one of their defenses, respondents contended that the ... duties that are either affirmative requirements or negative ...
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223 F.3d 382 (6th Cir. 2000), 98-5309, Wallace Hardware Co. v Abrams
... on Wallace Hardware's breach-of-guaranty claim. For his part, ... by asserting a breach-of-contract claim and two claims of fraud. The ..., and declined to strike any defenses from Lonnie Abrams' answer. Next, ... the Abrams brothers as affirmative defenses, both Tri-County's and the ...
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523 U.S. 653 (1998), 97-463, Textron Lycoming Reciprocating Engine Div. AVCO Copr. v. Automobile Workers
... "[s]uits for violation of contracts." While a federal court may, in the ..., adjudicate the affirmative defense that the contract was ... would be Textron's action for breach of the collective-bargaining ... must adjudicate affirmative defenses such as fraud . . . in the ...
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521 U.S. 591 (1997), 96-270, Amchem Products, Inc. v. Windsor
..., (2) strict liability, (3) breach of express and implied warranty, (4) ... and asserted 11 affirmative defenses. A ... unclear whether they will contract asbestos-related disease and, if so, ...
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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...
... Hemlock to sue Sachsen for breach of contract in the. United ..., Sachsen asserted 17 affirmative defenses,. including ...
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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
..., J.) dismissing plaintiff's breach of fiduciary duty and breach of ... matter of Texas law the affirmative" defense of in pari delicto. \xC2"... duty and breach of contract set forth in the Second Amended ... to do with affirmative defenses. Rather, because the appeal in ...
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824 F.3d 483 (5th Cir. 2016), 15-40538, In re Pirani
The adversary action comprises the claims, counterclaims, and affirmative defenses between two sides of a business scheme to buy, renovate, and operate a Days Inn. This appeal stems from the district court’s order affirming a bankruptcy court judgment rendered after trial in the adversary action. Appellant and his brother formed the plan to buy the hotel, and appellees are the investors that the...
... counterclaims, and affirmative defenses between two sides of. ... three breach-of-contract crossclaims against ...
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601 F.3d 1159 (11th Cir. 2010), 08-16430, Sacred Heart Health Systems, Inc. v. Humana Military Healthcare Services, Inc.
... program, and thereby breached their individual network provider ... care organization that contracts with hospitals and other care ..., and waiver of defenses to breach. At the ... evidence relevant to the affirmative defenses of ratification and waiver ...
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404 F.3d 566 (2nd Cir. 2005), 04-0843, Aetna Cas. and Sur. Co. v. Aniero Concrete Co., Inc.
...), holding a construction contract invalid because an express condition ... Hudson for negligence and breach of Hudson's contract with Aetna, to ... or Aetna, and it affirmatively states that KBF compiled the ... dismissing the affirmative defenses that Aetna has raised in its answer. ...
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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.
... maintain its claim for contractual indemnification -- a claim assigned ..., as well as claims for breach of contract, negligence, and ... the defendants without defenses to the plaintiffs' suits, it ... to a pleading " must affirmatively state any avoidance or affirmative ...
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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 ... 1973 and raised several defenses: the statute of frauds, modification ... 32 Sharon asserted the affirmative defense of commercial ...
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405 U.S. 174 (1972), 69-5, D. H. Overmyer Co., Inc., of Ohio v. Frick
..., and Overmyer, under a post-contract arrangement, had made a partial cash ... Overmyer, claiming a contract breach, stopped making payments on the new ... without a trial of possible defenses which the signers of the notes might ..., the debtor alleged the affirmative defense of failure of consideration. ...
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347 F.3d 394 (2nd Cir. 2003), 02-7439, Scherer v. Equitable Life Assurance Society of U.S.
... regard to waiveable "affirmative defenses." Scherer's federal ... an action in state court for breach of contract, seeking "damages to ...
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406 U.S. 487 (1972), 71-41, International Union of Operating Engineers,
... for respondent's alleged breach of their collective bargaining ... "continually violated" the contract since June, 1966, by refusing to ..., Flair asserted various defenses, including abandonment of the ... was available as an affirmative defense. The essence of the latter ...
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162 F.3d 1290 (11th Cir. 1998), 94-3324, Johnson Enterprises of Jacksonville, Inc. v. FPL Group, Inc.
... parties to a construction contract, leading to a fifteen-claim lawsuit ... tort law, in addition to breach of contract. Twelve of the claims ..., and asserted several affirmative defenses. These defenses alleged, ...