Federal Rule Of Evidence 803(6)

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

• 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. Wyant
  576 F.2d 1312· 8th Cir.· 1978-05-30 ·cited 16×
  The court held that the evidence was sufficient to support the convictions for conspiracy and transportation/sale of stolen goods, and that the trial court did not err in its evidentiary rulings or jury instructions.
• Adp-Financial Computer Servs., Inc. v. The First Nat'l Bank OF Cobb Cnty.
  703 F.2d 1261· 11th Cir.· 1983-04-25 ·cited 15×
  The court held that the minimum monthly charge provision in the contract constituted the agreed-upon price for services, not an impermissible penalty, and that the jury's verdict awarding damages and attorney's fees was supported by the evidence.
• Matter of Ollag Constr. Equip. Corp. v. Goldman
  665 F.2d 43· 2d Cir.· 1981-11-23 ·cited 15×
  The court affirmed the lower courts' findings that the Bank's security interest was a voidable preference, holding that the financial statements were admissible and the Bank had reasonable cause to believe Ollag was insolvent.
• 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.
• United States v. Coy Hines
  564 F.2d 925· 10th Cir.· 1977-11-03 ·cited 14×
  The court held that the use of NCIC information to corroborate the owner's testimony and the admission of an invoice as a business record were proper, supporting the conviction.
• 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.
• United States v. Snyder
  787 F.2d 1429· 10th Cir.· 1986-04-02 ·cited 12×
  The court held that the defendant received effective assistance of counsel and that the trial court did not err in excluding inmate statements under the business records exception to the hearsay rule.
• 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.
• Rock v. Huffco GAS & OIL Co.
  922 F.2d 272· 5th Cir.· 1991-01-31 ·cited 11×
  The court held that statements made by the injured employee to his physicians, contained in medical records, accident reports, and to family members, were inadmissible hearsay and did not meet the exceptions to the hearsay rule.
• 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.
• Wilson v. Zapata Off-Shore Co.
  939 F.2d 260· 5th Cir.· 1991-08-19 ·cited 10×
  The court affirmed the district court's judgments, holding that sexual harassment claims can be cognizable under the Jones Act if they involve tortious conduct beyond Title VII violations, and that the statute of limitations was properly applied, barring claims outside the limita
• United States v. LEO
  941 F.2d 181· 3d Cir.· 1991-07-25 ·cited 10×
  The court affirmed the convictions and sentences of Leo and Badolato, finding sufficient evidence for Leo's false statement conviction and upholding the district court's evidentiary rulings.
• 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.
• Langon v. Dep't of Health & Human Servs.
  959 F.2d 1053· D.C. Cir.· 1992-03-31 ·cited 9×
  The court held that genuine disputes of material fact existed regarding whether the agency provided reasonable accommodation for the employee's handicap, precluding summary judgment on that claim.
• 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.
• Manocchio v. Moran
  919 F.2d 770· 1st Cir.· 1990-09-24 ·cited 8×
  The introduction of an autopsy report without the personal presence of the medical examiner who prepared it does not violate the Confrontation Clause if the report possesses particularized guarantees of trustworthiness.
• 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.
• United States v. Papia
  910 F.2d 1357· 7th Cir.· 1990-08-10 ·cited 8×
  The court affirmed the conviction, holding that the jury instructions on willfulness were proper, the aggregation of payments into counts was permissible, and the admission of the handwritten note was not plain error.
• 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.
• Belber v. Charles S. Lipson, M.D.
  905 F.2d 549· 1st Cir.· 1990-06-14 ·cited 8×
  The court held that the district court did not abuse its discretion in refusing to admit certain medical records due to lack of authentication and hearsay issues, and that other claims were waived by failure to object or make proper motions.
• Notley Gwinn Maddox, Jr. v. Patterson
  905 F.2d 1178· 8th Cir.· 1990-06-13 ·cited 8×
  The court held that the trial court's evidentiary rulings and remarks to the jury did not constitute reversible error, and affirmed the judgment.
• United States v. Linn
  862 F.2d 735· 9th Cir.· 1988-11-30 ·cited 8×
  The court held that the warrantless search of the appellant's vehicle was lawful under the automobile exception due to probable cause, and that the evidence was sufficient to support his conviction for unlawful use of a communications facility.
• 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. Lizotte
  856 F.2d 341· 1st Cir.· 1988-09-01 ·cited 6×
  The court held that the jury instructions regarding willful blindness and the court's comments on evidence were appropriate, and the introduction of a calendar as a business record was permissible.
• Nayereh S. Rassoulpour v. Wash. Metro. Area Transit Auth.
  826 F.2d 98· D.C. Cir.· 1987-08-14 ·cited 6×
  The court held that the trial court correctly refused a res ipsa loquitur instruction but erred in admitting an accident report containing inadmissible hearsay, and that the failure to disclose another report was not harmless.
• United States v. ONE Lear JET Aircraft
  808 F.2d 765· 11th Cir.· 1987-01-23 ·cited 6×
  The court held that the removal of the res from the jurisdiction did not divest the court of appellate jurisdiction, and that visa fraud can serve as a predicate offense for civil forfeiture under 8 U.S.C. § 1324.
• United States v. Torres
  719 F.2d 549· 2d Cir.· 1983-10-04 ·cited 6×
  The court held that the record must be supplemented with further findings regarding the testimony of key witnesses and the circumstances surrounding the production of exculpatory evidence before adjudicating the defendant's claims of ineffective assistance of counsel and a Brady
• Vesper Constr. Co., Inc. v. Rain FOR Rent, Inc.
  602 F.2d 238· 10th Cir.· 1979-05-03 ·cited 6×
  The court held that the district court did not err in denying a jury trial on the Miller Act counterclaim, excluding certain reports, or in its jury instructions.
• In re Trial Subpoena Duces Tecum to Custodian OF Records OF Variety Distributing v. Ellwest Stereo Theatres OF Memphis, Inc.
  927 F.2d 244· 6th Cir.· 1991-02-26 ·cited 5×
  A custodian of corporate records cannot invoke the Fifth Amendment privilege against self-incrimination to refuse to produce those records or to authenticate them for admission into evidence under the business records exception.
• Selig v. United States
  740 F.2d 572· 7th Cir.· 1984-07-27 ·cited 5×
  The court held that the district court's finding that the $10.2 million allocation to player contracts was reasonable was not clearly erroneous.
• United States v. Kingston
  971 F.2d 481· 10th Cir.· 1992-07-17 ·cited 4×
  The court held that the district court did not abuse its discretion in admitting certain testimony and excluding other evidence, and that sufficient evidence supported the convictions.
• 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.
• United States v. Bland
  961 F.2d 123· 9th Cir.· 1992-03-20 ·cited 4×
  The court held that the district court did not abuse its discretion in limiting cross-examination or admitting evidence, and that the life sentence imposed under 18 U.S.C. § 924(e) was constitutional.