232 Florida cases classified under this topic, plus 752 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort
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Robert Williams appeals his conviction following a nolo contendere plea, challenging the trial court's denial of his motion to suppress evidence from a traffic stop based on an anonymous tip. The court reversed, holding that the anonymous tip lacked sufficient independent corrobo
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An unsigned tax return is not considered 'filed' for purposes of the Bankruptcy Code's non-dischargeability provisions until it is properly signed. Therefore, the tax liability is non-dischargeable if the return was filed less than two years before the bankruptcy petition.
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The court held that Bankruptcy Code § 502(b)(7) limits claims for damages from termination of employment contracts to one year's compensation, regardless of whether the contract was executory or the termination predated the bankruptcy filing.
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The bankruptcy court did not abuse its discretion in entering default judgment against the appellants for discovery violations, nor did it err in denying their demand for a jury trial on equitable claims.
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998 F.2d 730·
9th Cir.·
1993-07-13
A federal criminal restitution judgment is nondischargeable under 11 U.S.C. § 523(a)(7) as to both the debtors' separate property and their community property under California law.
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The court affirmed the district court's adoption of the special master's report regarding reinsurance coverage and liability, but reversed and remanded on the issue of joint and several liability and attorneys' fees.
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The court held that a Border Patrol stop 235 miles from the border on a route passing through multiple towns was not within a "reasonable distance" under 8 U.S.C. § 1357(a)(3), rendering the stop unreasonable under the Fourth Amendment.
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The court affirmed the Board of Patent Appeals and Interferences' decision that the claims corresponding to the interference count were unpatentable for obviousness. The court clarified that claims not identically corresponding to the count must be separately assessed for patenta
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An untimely proof of claim filed by a priority creditor who lacked notice of the bankruptcy proceedings is entitled to priority distribution, provided it is filed before estate distribution and without bad faith.
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The court held that attorney's fees incurred due to termination of an employment contract are subject to the limitation imposed by § 502(b)(7) of the Bankruptcy Code, and that the Bankruptcy Court did not err in applying this limitation on remand.
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The district court affirmed the bankruptcy court's determination that the Gidleys' 1986 federal income tax liability was not dischargeable because it was a priority claim under the Bankruptcy Code.
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978 F.2d 140·
4th Cir.·
1992-10-21
The court held that ambiguities in the contract precluded dismissal of the breach of contract claim and that the Commercial Space Launch Act Amendments did not override Maryland law regarding waivers of gross negligence. The court affirmed dismissal of negligence and negligent mi
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977 F.2d 424·
8th Cir.·
1992-10-08
The court held that elimination entries on consolidated financial statement work papers do not constitute payment of commissions for purposes of qualifying export assets under DISC regulations.
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A single adult can be the head of a family for Texas rural homestead purposes, entitling them to a 200-acre exemption if dependent family members reside with and rely on them for support.
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970 F.2d 66·
5th Cir.·
1992-09-01
The court held that the government's complaint was timely filed, and that failure to provide notice under Section 6303(a) only bars administrative remedies, not civil actions. However, a disputed factual issue regarding whether the taxpayer received notice of deficiency under Sec
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971 F.2d 732·
Fed. Cir.·
1992-08-04
The court held that the applicant's equitable defenses of laches and estoppel failed as a matter of law because the applicant could not establish the necessary elements, particularly regarding delay and misleading conduct, given the applicant's own assertion of prior rights.
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970 F.2d 1516·
6th Cir.·
1992-07-21
The dissenting judge would hold that the debt collector's post-judgment letter did not violate the FDCPA's validation notice or disclosure requirements, and that the case should not have been brought due to lack of damages.
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The district court affirmed the bankruptcy court's order avoiding the judgment lien.
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A self-employed individual's pension plan, where the individual is the sole participant, employer, trustee, administrator, and beneficiary, is not subject to ERISA.
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951 F.2d 110·
6th Cir.·
1991-12-19
The court held that the owner of the dominant estate (coal) is liable for damages and relocation costs when its operations interfere with the servient estate (gas pipelines), as Kentucky law and precedent require the party seeking to alter the status quo to bear the expense.
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The court held that the district court did not err in increasing the offense level for the threatened use of a dangerous weapon, and affirmed the sentence because the court did not actually apply the two-level increase for payment that the defendant challenged.
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The court affirmed the bankruptcy court's judgment, finding that the payments were not made in the ordinary course of business due to extraordinary collection efforts and that the award of pre-judgment interest was not an abuse of discretion.
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The court held that an insurer does not waive policy provisions by refusing to contribute to a settlement when defending under a reservation of rights, and an insured's failure to obtain consent to a settlement breaches a condition precedent, precluding recovery.
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The court held that the non-dischargeable debt under 11 U.S.C. § 523(a)(6) is limited to the value of the collateral unlawfully sold, not the total debt owed.
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927 F.2d 163·
4th Cir.·
1991-03-01
The court held that the plaintiff failed to present sufficient evidence to create a genuine issue of material fact regarding whether the insured's death was accidental, thus affirming the grant of summary judgment.
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The court held that the Bankruptcy Court did not err in piercing the corporate veil of ICC and imposing personal liability on the appellants due to their improper conduct in forming ICC to evade a Department of Agriculture cease-and-desist order.
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The court held that the bankruptcy court erred by failing to determine if the debtor reasonably believed the creditor had abandoned its claim or if diligent efforts would have uncovered the claim, thus reversing and remanding for a new trial on whether the creditor was known or u
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A creditor's waiver of a deficiency judgment in state court and a debtor's counterclaim do not reduce the aggregate debt for the purpose of determining eligibility for Chapter 12 bankruptcy relief.
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The court held that a debt for child support, even if owed to a non-spouse mother and represented by a state court judgment, is nondischargeable under section 523(a)(5) of the Bankruptcy Code, and that summary judgment was appropriate.
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The court held that while the claimant was temporarily totally disabled, the employer and insurer were not obligated to pay for medical expenses incurred without prior written authorization, as required by statute and regulations.
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874 F.2d 475·
7th Cir.·
1989-05-11
Saturday, June 23, 1984, was not a 'banking day' for Gainer Bank because it was not open to the public for substantially all of its banking functions, making its notice of dishonor on Monday, June 25, timely.