De Novo Review Of Legal Conclusions

752 Florida cases classified under this topic, plus 418 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• Union Sav. Bank of Fla. v. Calandriello (In Re Calandriello)
  174 B.R. 339· M.D. Fla.· 1992-03-27
  The district court affirmed the bankruptcy court's order avoiding the judgment lien.
• In re Pruner
  140 B.R. 1· M.D. Fla.· 1992-03-18
  A self-employed individual's pension plan, where the individual is the sole participant, employer, trustee, administrator, and beneficiary, is not subject to ERISA.
• United States v. Dodds
  946 F.2d 726· 10th Cir.· 1991-10-07 ·via De Novo Review Of Legal Questions
  The court held that the defendant lacked standing to challenge the search and seizure because he had no reasonable expectation of privacy in the vacant apartment where he was found.
• United States v. Sims
  943 F.2d 812· 8th Cir.· 1991-08-23
  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.
• Fla. Steel Corp. v. Stober (In Re Indus. Supply Corp.)
  127 B.R. 62· M.D. Fla.· 1991-05-14
  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.
• Peters v. Sec'y OF Health & Human Servs.
  934 F.2d 693· 6th Cir.· 1991-05-08 ·via De Novo Review Of Legal Questions
  The court held that the plaintiff's application for attorney's fees under the EAJA was untimely filed, and therefore the district court lacked jurisdiction to consider it.
• Fortune Southfield Co. v. The Kroger Co.
  931 F.2d 1282· 8th Cir.· 1991-04-29 ·via De Novo Review Of Contract Interpretation
  The court held that the term 'accrued' in the purchase agreement referred to work done before the closing date, making Kroger responsible for those costs, and that the agreement entitled Schnucks to attorneys' fees for litigation arising from Kroger's breach.
• Anthanasios G. Dallis v. Martin
  929 F.2d 587· 10th Cir.· 1991-04-08 ·via De Novo Review Of Legal Questions
  The court held that the amended penalty statute for the firearm offense was effective upon enactment, and therefore the Parole Commission correctly computed the petitioner's parole eligibility date.
• Cent. Bank v. ST. Paul Fire & Marine Ins.
  929 F.2d 431· 8th Cir.· 1991-04-02
  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.
• In re Modicue v. Modicue
  926 F.2d 452· 5th Cir.· 1991-03-15
  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.
• Bailey v. Sumpter Cnty. Farmers' Mkt. (In Re Bailey)
  124 B.R. 348· M.D. Fla.· 1991-02-26
  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.
• Charter Crude Oil Co. v. Petroleos Mexicanos (In Re Charter Crude Oil Co.)
  125 B.R. 650· M.D. Fla.· 1991-01-10
  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
• In re Quintana v. Comm'r OF Internal Revenue Serv.
  915 F.2d 513· 9th Cir.· 1990-09-27
  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.
• Magee v. Excell (In Re Magee)
  111 B.R. 359· M.D. Fla.· 1990-02-26
  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.
• Morrison v. Commissioner OF Internal Revenue
  891 F.2d 857· 11th Cir.· 1990-01-09 ·via Plenary Review Of Legal Conclusions
  The court held that certain restaurant equipment, like sinks, floors, and tiles, are structural components and do not qualify for the investment tax credit, while kitchen panel boards do qualify. The court also affirmed the use of a functional allocation approach for primary elec
• Parklands, Inc. v. Dir., Off. OF Workers' Comp. Programs, U.S. Dep't OF Labor
  877 F.2d 1030· D.C. Cir.· 1989-06-23
  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.
• Parker v. Commissioner OF Internal Revenue
  822 F.2d 905· 9th Cir.· 1987-07-22 ·via De Novo Review Of Legal Interpretation
  Income from slot machines is not 'earned income' under I.R.C. § 1348 because capital was a material income-producing factor and the taxpayer's personal efforts were not the sole source of creation.
• Orrin L. Turner v. Brock
  813 F.2d 1494· 9th Cir.· 1987-04-03 ·via De Novo Review Of Legal Questions
  The court held that the EDD had the authority to reconsider benefit determinations after the 20-day period to correct errors of law, and that substantial evidence supported the Secretary's finding that certain claimants were ineligible due to managerial functions.
• Brabson v. Metro. Life Ins. Co.
  795 F.2d 897· 10th Cir.· 1986-07-02 ·via De Novo Review Of Legal Interpretation
  The court held that a meeting with a supervisor regarding a performance appraisal, even if initiated by the employee and occurring off-site, can satisfy the 'on duty' requirement for insurance coverage if it is for a bona fide job-related purpose. The court also held that the pla
• Phillips Petroleum Co. v. Fed. Energy Regulatory Comm'n
  786 F.2d 370· 10th Cir.· 1986-03-10 ·via De Novo Review Of Legal Questions
  The court held that the Federal Energy Regulatory Commission (FERC) had the legal authority under the Independent Offices Appropriations Act (IOAA) to establish fees for services provided to identifiable beneficiaries, even if the public also benefited, and that its rulemaking pr