Fed. R. Civ. P. 41(B)

677 Florida cases classified under this topic, plus 92 listed through its narrower topics · sorted by citation count · browse and sort

• United Rubber, Cork, Linoleum & Plastic Workers OF Am., AFL-CIO v. LEE Nat'l Corp.
  513 F.2d 899· 2d Cir.· 1975-04-11
  The court held that the district court's findings of fact were not clearly erroneous, and therefore affirmed the judgment.
• Fetsko v. Greyhound Lines, Inc.
  497 F.2d 399· 3d Cir.· 1974-05-15
  The district court erred in dismissing the actions for a second time, disregarding the prior appellate ruling that jury questions were presented.
• Hope v. Hayden-Stone, Inc.
  469 F.2d 1060· 5th Cir.· 1972-11-22
  The court held that the plaintiff failed to prove any violation of securities laws based on the broker's statements, and the sale of other stock to cover losses was lawful.
• de Tore v. The Great Atl. & Pac. Tea Co., Inc.
  411 F.2d 613· 3d Cir.· 1969-05-22
  The court held that the trial judge's findings of fact were not clearly erroneous and the evidence was insufficient to establish causation or constructive notice.
• Jarboe Bros. Storage Warehouses, Inc. v. Allied van Lines, Inc.
  400 F.2d 743· 4th Cir.· 1968-09-05
  A felony conviction by an agent's president, using the principal's name for fraudulent intrastate bids, constitutes a breach of the agency contract, and the principal's cancellation of the contract was proper.
• Royal Indus., Inc. v. DYE Carbonic, Inc.
  385 F.2d 779· 9th Cir.· 1967-11-17 ·via Federal Rule Of Civil Procedure 41(B) Dismissal
  The court affirmed the dismissal, holding that even if the trial judge mistakenly believed res ipsa loquitur was inapplicable in non-jury cases, the outcome would not have changed because the plaintiff failed to establish exclusive control.
• Wirtz v. Miss Hollywood, Inc.
  370 F.2d 326· 5th Cir.· 1967-01-04 ·via Federal Rule Of Civil Procedure 41(B) Dismissal
  The court held that the pre-trial stipulation did not concede coverage under the Fair Labor Standards Act because it did not establish that the defendants knew or should have known their goods were shipped in interstate commerce.
• Int'l Harvester Co. v. Rockwell Spring & Axle Co.
  339 F.2d 949· 7th Cir.· 1964-12-28
  The court held that the district court improperly dismissed the action under Rule 41(b) and that the provision estopping the defendant from asserting the statute of limitations was of doubtful validity.
• Bragen v. Hudson Cnty. News Co., Inc.
  321 F.2d 864· 3d Cir.· 1963-08-23 ·via Rule 41(B) Motion To Dismiss
  The court held that the trial court erred in dismissing the case by making findings of fact, and that the plaintiff presented sufficient evidence to allow a jury to find that the defendant engaged in illegal tying arrangements under Section 2 of the Sherman Act.
• McCORMICK v. Lewis
  201 F.2d 861· 5th Cir.· 1953-02-18 ·via Federal Rule Of Civil Procedure 41(B) Dismissal
  A party seeking rescission based on fraud must act promptly upon discovery of the fraud; delay constitutes a bar to equitable relief.
• Slack v. Rich
  182 F.2d 706· D.C. Cir.· 1950-06-19
  The court held that a prior dismissal order, operating as an adjudication on the merits, is res judicata and bars the present action.
• Walter Brown & Sons, Inc. v. Clark
  166 F.2d 435· Emer. Ct. App.· 1948-02-25
  The court held that the price regulations were valid and that the complainant's challenges lacked merit. Dismissal of the complaints was affirmed.