Federal Rule Of Evidence 803(6) (Business Records Exception)

123 Florida cases classified under this topic · sorted by citation count · browse and sort

• Nat'l Labor Relations Bd. v. First Termite Control Co., Inc.
  646 F.2d 424· 9th Cir.· 1981-05-29 ·cited 22×
  The court held that a freight bill prepared by one company and authenticated by an employee of another company, who had no knowledge of its preparation or interest in the accuracy of the origin information, was inadmissible hearsay under Federal Rule of Evidence 803(6).
• Bergen v. F/V ST. Patrick
  816 F.2d 1345· 9th Cir.· 1987-05-07 ·cited 21×
  Punitive damages are unavailable under the general maritime law when joined with claims under the Jones Act or DOHSA, and factual findings for survivors' punitive damages were clearly erroneous. Awards for loss of services, support, and inheritance are limited to pecuniary losses
• United States v. Hayes
  861 F.2d 1225· 10th Cir.· 1988-11-23 ·cited 20×
  The court held that computer data compilations of tax records, properly authenticated and kept in the ordinary course of business, are admissible under Fed.R.Evid. 803(6) even if the IRS is considered law enforcement, provided the authoring employee testifies. The court also held
• United States v. Williams
  837 F.2d 1009· 11th Cir.· 1988-02-17 ·cited 20×
  The court held that the admission of 'yellow sheets' was proper as a party admission, and the restriction on cross-examination did not violate the Confrontation Clause.
• United States v. King
  613 F.2d 670· 7th Cir.· 1980-01-18 ·cited 20×
  The court held that SSA forms were admissible under the business records exception to the hearsay rule, and that the defendant's statements did not fall under the 'exculpatory no' doctrine.
• Moore v. Sears
  683 F.2d 1321· 11th Cir.· 1982-08-23 ·cited 19×
  The court held that memoranda regarding an employee's performance were not hearsay when offered to show the employer's good faith motive for termination, not the truth of the memoranda's contents.
• United States v. Garcia
  818 F.2d 136· 1st Cir.· 1987-05-13 ·cited 18×
  The court held that the evidence was insufficient to prove appellants knowingly transferred firearms to Cano Bufi, who was under indictment or convicted of a serious crime (Count III). However, the evidence was sufficient to support convictions for transferring firearms to someon
• United States v. Marshall
  762 F.2d 419· 5th Cir.· 1985-05-30 ·cited 17×
  The court held that the admission of an investigator's testimony, based on her review of unproduced and unauthenticated business records, constituted inadmissible hearsay and reversible error.
• United States v. Johnson
  722 F.2d 407· 8th Cir.· 1983-12-07 ·cited 17×
  The court held that the admission of a serial number report from the ATF establishing interstate commerce was not plain error, and any hearsay in the certification was harmless. The evidence was sufficient to sustain the conviction.
• United States v. Fabio Jaramillo-Suarez
  942 F.2d 1412· 9th Cir.· 1991-08-23 ·cited 16×
  The court held that the admission of a pay/owe sheet as circumstantial evidence of the apartment's use for drug trafficking, the testimony regarding a driver's license and pager, and the jury instructions on reasonable doubt were not reversible errors. The court also affirmed the
• Saks Int'l, Inc. v. M/V "Export Champion
  817 F.2d 1011· 2d Cir.· 1987-05-04 ·cited 16×
  The court held that the district court did not err in admitting the loading tallies as business records, but vacated the denial of attorneys' fees for further consideration.
• United States v. Albert
  773 F.2d 386· 1st Cir.· 1985-09-26 ·cited 16×
  The court held that the district court did not err in denying the motion for severance, admitting the FDIC certificate, sustaining a codefendant's Fifth Amendment privilege, or refusing to grant a judgment of acquittal.
• United States v. Boyd
  606 F.2d 792· 8th Cir.· 1979-09-28 ·cited 16×
  The court held that mailings used to obtain funds for a fraudulent scheme are within the mail fraud statute, but legally compelled mailings after the scheme's completion are not. The court also held that allowing a witness to refresh recollection from a report and admitting summa
• United States v. Metallo
  908 F.2d 795· 11th Cir.· 1990-08-09 ·cited 14×
  The court held that the evidence was sufficient to support the convictions, the district court did not abuse its discretion in admitting evidence, the jury instruction was proper, and the sentencing procedures were followed.
• Catrett v. Johns-Manville Sales Corp.
  826 F.2d 33· D.C. Cir.· 1987-08-07 ·cited 14×
  The dissenting judge would grant summary judgment for the defendant manufacturer, finding the plaintiff failed to present specific facts showing genuine issues for trial regarding asbestos exposure causation.
• Square Liner 360°, Inc. v. Finis Lavell Chisum & Chief Indus., Inc.
  691 F.2d 362· 8th Cir.· 1982-10-12 ·cited 14×
  The court affirmed the validity of the '100 patent but vacated the award of damages and the injunction, remanding for a new trial on damages.
• Tarek H. Elgabri, M.D. v. Mary D. Lekas, M.D.
  964 F.2d 1255· 1st Cir.· 1992-06-03 ·cited 12×
  The court held that the plaintiff waived objections to jury instructions by failing to properly preserve them under Rule 51 and that the trial court did not abuse its discretion in limiting witness examination or excluding evidence.
• State Off. Sys., Inc. v. Olivetti Corp. OF Am.
  762 F.2d 843· 10th Cir.· 1985-05-17 ·cited 12×
  The court held that the trial court did not abuse its discretion in admitting a damage summary exhibit, allowing the jury to consider consequential damages, or in denying a new trial based on the excessiveness of the verdict.
• United States v. Peden
  556 F.2d 278· 5th Cir.· 1977-07-21 ·cited 12×
  The court held that the statute prohibiting the transport of stolen credit cards was not unconstitutionally vague and that the admission of business records as evidence of fraudulent intent did not violate the defendant's Sixth Amendment confrontation rights.
• Permian Petroleum Co. v. Petroleos Mexicanos
  934 F.2d 635· 5th Cir.· 1991-06-27 ·cited 11×
  The court held that the district court erred in awarding conversion damages but affirmed the summary judgment on the basis of the sham to perpetrate a fraud doctrine, allowing Pemex to offset credits against Permian's claims.
• Willco Kuwait (Trading) S.A.K. v. Peter J. deSAVARY
  843 F.2d 618· 1st Cir.· 1988-04-07 ·cited 11×
  The court held that the district court did not err in denying Willco's motion for a new trial on its fraud claim, nor in its evidentiary rulings, but remanded for a reduction in damages awarded on the breach of contract counterclaim.
• Pac. Serv. Stations Co. v. Mobil OIL Corp.
  689 F.2d 1055· Temp. Emer. Ct. App.· 1982-09-17 ·cited 11×
  The court held that Mobil Oil Corporation failed to establish as a matter of law that its withdrawal of discounts did not result in overcharges, and that the district court erred in denying a continuance for further discovery.
• United States v. Lawrence
  934 F.2d 868· 7th Cir.· 1991-06-10 ·cited 10×
  The court held that daily sales sheets were properly authenticated business records and that the trial court did not abuse its discretion in admitting them or in considering acquitted conduct for sentencing.
• United States v. Sanders
  749 F.2d 195· 5th Cir.· 1984-12-11 ·cited 10×
  Computer printouts of Medicaid claims and payments, generated from data entered near the time of the transactions and kept for operational purposes, are admissible as business records under Fed.R.Evid. 803(6).
• City OF Phoenix v. COM/Systems, Inc.
  706 F.2d 1033· 9th Cir.· 1983-05-26 ·cited 10×
  The court held that a judgment notwithstanding the verdict was proper to correct a jury's erroneous finding on an indemnity cross-claim, and that there was sufficient evidence to support the jury's award of damages for breach of contract.
• United States v. Yates
  553 F.2d 518· 6th Cir.· 1977-04-20 ·cited 10×
  The court held that the trial judge's comment on the evidence, stating the defendant admitted his participation in the bank robbery, exceeded the scope of permissible judicial comment and was not harmless error. Additionally, a postscript in a business record letter containing th
• United States v. Pelullo
  964 F.2d 193· 3d Cir.· 1992-05-12 ·cited 9×
  The court held that the admission of bank documents and summaries as evidence was improper hearsay, as no valid exception applied, and this error was not harmless for most counts.
• Yacoub Ali Abdel & Salim Hamideh doing Bus. as S. Supermarket v. United States
  670 F.2d 73· 7th Cir.· 1982-01-04 ·cited 9×
  The court held that investigative Transaction Reports were admissible under the business records exception and that sufficient evidence supported the finding of violations and adequate warning.
• TK-7 Corp. v. The Est. OF Ihsan Barbouti
  993 F.2d 722· 10th Cir.· 1993-05-07 ·cited 8×
  The court held that the plaintiffs failed to present sufficient evidence of lost profit damages with reasonable certainty, even under a more lenient standard than the strict new business rule.
• United States v. Khalil Muhammad
  928 F.2d 1461· 7th Cir.· 1991-04-04 ·cited 8×
  The court held that the district court did not err in denying the motion to suppress, limiting cross-examination, admitting evidence of the shooting incident and a bullet, or admitting business records for a beeper rental.
• United States v. Zenon Hernandez
  913 F.2d 1506· 10th Cir.· 1990-09-10 ·cited 8×
  The court held that the statute's confidentiality provision was clear and did not permit the exception created by the majority.
• Datamatic Servs. v. United States
  909 F.2d 1029· 7th Cir.· 1990-08-09 ·cited 8×
  The court affirmed the district court's decision, holding that the admission of a letter was harmless error and that Datamatic waived several arguments by failing to raise them below.
• Broad. Music, Inc. v. Xanthas, Inc.
  855 F.2d 233· 5th Cir.· 1988-09-20 ·cited 8×
  The court held that while the finding of willfulness was proper, some evidence used to prove jukebox ownership was inadmissible hearsay, requiring reversal of findings based solely on that evidence. The court remanded for reconsideration of damages based on admissible evidence.
• United States v. Hoag
  823 F.2d 1123· 7th Cir.· 1987-07-08 ·cited 8×
  The court held that materiality and specific intent are not required elements of 18 U.S.C. § 1010, and documentary exhibits were properly authenticated.
• McGLORY v. United States
  763 F.2d 309· 7th Cir.· 1985-06-06 ·cited 8×
  The court held that the district court erred in dismissing the suit based on a standard of reviewing agency action for arbitrariness or capriciousness, rather than conducting a de novo trial on the factual findings.
• United States v. Sackett
  598 F.2d 739· 2d Cir.· 1979-05-01 ·cited 8×
  The court held that 18 U.S.C. § 1014 applies to oral misstatements and that sufficient evidence supported the jury's finding that the defendant knowingly made a false statement.
• George v. The Celotex Corp.
  914 F.2d 26· 2d Cir.· 1990-09-13 ·cited 6×
  The court held that the district court did not err in admitting a 1947 scientific report as an ancient document and that the jury's allocation of 90% liability against Celotex was supported by the evidence.
• United States v. Bentley
  875 F.2d 1114· 5th Cir.· 1989-06-12 ·cited 6×
  The admission of a laboratory report indicating a positive urine drug test, without further explanation of the testing procedure or opportunity for cross-examination, violated the defendant's Sixth Amendment right to confront adverse witnesses and was not harmless error.
• United States v. Smith
  964 F.2d 1221· D.C. Cir.· 1992-06-02 ·cited 4×
  The court held that expert testimony based on a subordinate's inadmissible hearsay report was permissible under Federal Rule of Evidence 703, and any error in admitting the report was harmless.
• Haskell v. United States Dep't OF Agric.
  930 F.2d 816· 10th Cir.· 1991-04-16 ·cited 4×
  The court held that transaction reports prepared during an FNS investigation are admissible under the business records exception to the hearsay rule, and that the store owner received adequate due process. The court affirmed the district court's decision upholding the permanent d
• Gray v. Busch Ent. Corp.
  886 F.2d 14· 2d Cir.· 1989-09-15 ·cited 4×
  The court held that the admission of a first aid report as a business record was error, but it was admissible as a prior inconsistent statement, and the failure to request a limiting instruction waived the claim.
• Allen v. Safeco Ins. Co. OF Am.
  782 F.2d 1517· 11th Cir.· 1986-02-24 ·cited 4×
  The court held that the jury's finding of no arson was supported by sufficient evidence, and that the use of a learned treatise was permissible. However, it vacated awards for prejudgment interest and loss of use due to non-compliance with policy terms and incorrect calculation.
• Walter J.D. Moffett v. McCAULEY
  724 F.2d 581· 7th Cir.· 1984-01-05 ·cited 4×
  The court held that while the district court erred in excluding a prison investigation report solely on trustworthiness grounds, the error was harmless because the report's contents were unlikely to affect the jury's verdict. The court also held the report inadmissible as an admi
• In re King Enters., Inc. v. King Enters., Inc.
  678 F.2d 73· 8th Cir.· 1982-05-19 ·cited 4×
  The court held that the jury's verdict was supported by substantial evidence, finding that the parties' course of conduct waived the contract's written change order requirement, and that evidentiary rulings were not prejudicial.
• United States v. Burton A. Grossman and Barry S. Badolato
  614 F.2d 295· 1st Cir.· 1980-02-06 ·cited 4×
  The court held that a catalog was admissible as a business record or commercial publication and that a jury instruction regarding possession of recently stolen property was proper.
• Weaver v. Phoenix Home Life Mut. Ins. Co.
  990 F.2d 154· 4th Cir.· 1993-04-01 ·cited 3×
  The court held that Phoenix Home Life improperly denied benefits by failing to provide specific reasons for the denial, thus violating ERISA's procedural requirements and abusing its discretion.
• Bondie v. BIC Corp.
  947 F.2d 1531· 6th Cir.· 1991-11-01 ·cited 3×
  The court affirmed the district court's judgment and denial of a new trial, finding no reversible error in the proceedings or the verdict.
• United States v. Kneapler
  733 F. Supp. 2d 1308· S.D. Fla.· 2010-04-14 ·cited 2×
  The court denied the defendants' motion for leave to amend their answers and granted the United States' motion for summary judgment, finding the tax assessments valid and the defendants' arguments unconvincing.
• Nat'l Labor Relations Bd. v. Cal-Maine Farms, Inc.
  998 F.2d 1336· 5th Cir.· 1993-09-01 ·cited 2×
  The court held that there was substantial evidence to support the NLRB's finding that Cal-Maine regularly procured outside eggs, thus violating the National Labor Relations Act by refusing to bargain with the certified union.
• Martin v. Funtime, Inc.
  963 F.2d 110· 6th Cir.· 1992-04-24 ·cited 2×
  The court held that the district court did not abuse its discretion in issuing an injunction against Funtime for child labor violations of the FLSA, and that summaries of personnel records were admissible.