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609 F.2d 51·
2d Cir.·
1979-09-06
·cited 69×
The limitations in Federal Rule of Evidence 801(d)(1)(B) apply only to the use of prior consistent statements as affirmative evidence, not when they are used solely for rehabilitation.
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762 F.2d 753·
9th Cir.·
1985-06-04
·cited 57×
The court held that the City of Los Angeles violated Chalmers' due process rights by enforcing vague and conflicting ordinances, and that the jury's damage award was supported by the evidence.
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759 F.2d 312·
3d Cir.·
1985-04-18
·cited 56×
The court held that the mere identification of documents reviewed by a witness in preparation for a deposition does not constitute opinion work product and is discoverable.
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688 F.2d 272·
5th Cir.·
1982-09-17
·cited 38×
The court held that the defendants knowingly and voluntarily waived their right to conflict-free counsel and that the trial court did not err in its rulings regarding the production of a witness report or the admission of evidence concerning a murder.
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738 F.2d 587·
3d Cir.·
1984-06-28
·cited 25×
The dissenting judge believes the court should have issued a writ of mandamus to compel an in camera inspection of documents to balance impeachment value against work product protection.
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913 F.2d 824·
10th Cir.·
1990-09-05
·cited 20×
A sanction order against an attorney of record is not a final decision for appeal under § 1291, nor is it immediately appealable under the collateral order doctrine. However, Rule 11 sanctions were vacated for lack of due process, while Rule 16(f) sanctions were affirmed.
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875 F.2d 846·
11th Cir.·
1989-06-14
·cited 17×
The court held that the government is not required to characterize diverted corporate funds (e.g., as dividends) to prove a tax deficiency for conviction under 26 U.S.C.A. §§ 7201 or 7203; it must only prove the diversion and the taxpayer's willful intent. The court also affirmed
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787 F.2d 489·
10th Cir.·
1986-03-19
·cited 16×
The court held that materiality in perjury cases under 18 U.S.C. § 1623 is a question of law for the court, and that sufficient evidence supported the conviction based on the submission of false minutes.
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947 F.2d 1320·
7th Cir.·
1991-11-14
·cited 10×
The court held that the evidence was sufficient to support the conviction, the trial court did not err in denying production of documents used to refresh a witness's recollection, the finding regarding the quantity of drugs involved in a larger conspiracy was not clearly erroneou
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683 F.2d 881·
5th Cir.·
1982-08-16
·cited 9×
The court held that the district court erred in quashing a subpoena duces tecum for an attorney's file, as the work product doctrine and client ownership arguments were inapplicable. The error denied the petitioner access to potentially crucial evidence.
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651 F.2d 1163·
6th Cir.·
1981-06-19
·cited 8×
The court held that the defendant waived objections to the agent's testimony by failing to object promptly, and the prosecutor's isolated remark in closing argument was not prejudicial.
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415 F. Supp. 2d 1378·
S.D. Fla.·
2006-02-10
·cited 2×
The court held that reviewing a privileged document to educate oneself before a deposition, rather than to refresh recollection for testimony, does not automatically waive the attorney-client privilege under Federal Rule of Evidence 612.
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M.D. Fla.·
2023-09-22
The court held that the parties entered into an oral contract for the defendant to temporarily hold inheritance funds, and the defendant breached this contract by failing to return the money upon request.
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S.D. Fla.·
2022-09-26
Royal Caribbean Cruises Ltd. successfully defended against a cruise passenger's motion to compel production of ten work product-protected employee witness statements and event timelines, though the court permitted limited resumed depositions for four witnesses whose statements mi