Federal Rule Of Evidence 803(6)

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

• United States v. Hernandez-Herrera
  952 F.2d 342· 10th Cir.· 1991-12-20 ·cited 4×
  The court held that the trial court did not abuse its discretion in admitting the challenged government exhibits, as they were properly authenticated and not inadmissible hearsay.
• United States v. Colston
  936 F.2d 312· 7th Cir.· 1991-07-03 ·cited 4×
  The court held that inconsistencies in a witness's testimony do not automatically render it incredible, and a jury may accept parts of the testimony while rejecting others. The court also held that a guilty plea is valid for sentence enhancement if it is shown to be intelligent a
• 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
• United States v. Bowers
  920 F.2d 220· 4th Cir.· 1990-11-29 ·cited 4×
  The court held that the appellants' conviction for income tax evasion was proper, as their argument regarding IRS publication requirements was inapplicable to the charge of evasion and the admission of IRS records was permissible.
• 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.
• United States v. Cooper
  868 F.2d 1505· 6th Cir.· 1989-03-01 ·cited 4×
  The court held that the trial court did not err in denying motions to suppress wiretaps and admitting evidence, and that sufficient evidence supported the jury's convictions for conspiracy and illegal use of a communication facility.
• Warner R. Waddell and Jeanette I. Waddell v. Commissioner OF Internal Revenue
  841 F.2d 264· 9th Cir.· 1988-02-26 ·cited 4×
  The court affirmed the Tax Court's determination that the principal of the promissory note did not constitute true debt for tax purposes and upheld the exclusion of an appraisal report as a business record.
• Kelly's Auto Parts v. Boughton
  809 F.2d 1247· 6th Cir.· 1987-01-27 ·cited 4×
  Evidence that an insured was not prosecuted for arson is inadmissible in a civil trial for insurance proceeds because it has low probative value and is highly prejudicial. Jury instructions cannot cure this prejudice.
• 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. Betty J. Johnson (86-1993)
  831 F.2d 124· 6th Cir.· 1987-10-15 ·cited 3×
  The court held that a non-practitioner selling bogus prescriptions for controlled substances can be convicted of unlawful distribution, and that sufficient evidence supported the conspiracy convictions of all defendants.
• Conway v. Celebrity Cruises, Inc.
  2007 WL 1752838· S.D. Fla.· 2022-04-22 ·cited 2×
  The court ruled on various motions in limine, granting some requests to exclude evidence and denying others, often deferring rulings to trial due to lack of context or prematurity.
• 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.
• Wheeler v. Officer Sims
  951 F.2d 796· 7th Cir.· 1992-01-08 ·cited 2×
  The court held that the refusal to consider a prisoner's written statement at a disciplinary hearing did not violate due process, and that prison records documenting an inmate's physical activity were admissible as business records.
• Hughes v. Joliet Corr. Ctr.
  931 F.2d 425· 7th Cir.· 1991-04-18 ·cited 2×
  The court held that the district judge should have considered the plaintiff's request for appointed counsel, as the case presented complex legal and procedural issues that a layperson might not navigate effectively, especially after the defendants moved for summary judgment.
• United States v. Versaint
  849 F.2d 827· 3d Cir.· 1988-06-21 ·cited 2×
  The court held that the district court abused its discretion by refusing to admit a police report as substantive evidence, and this error was not harmless.
• United States v. Freidin
  849 F.2d 716· 2d Cir.· 1988-06-08 ·cited 2×
  The court held that a memorandum was inadmissible under the Federal Rules of Evidence 803(6) because it was not shown to have been made pursuant to a regular practice of the business, even if it possessed indicia of trustworthiness.
• Norton v. Colyer
  828 F.2d 384· 6th Cir.· 1987-09-10 ·cited 2×
  The court held that the plaintiff waived his right to appeal the jury instructions by failing to object at trial, and that the admission of medical records was proper under the Business Records Act and Federal Rule of Evidence 803(6).
• Ruberto v. Commissioner OF Internal Revenue
  774 F.2d 61· 2d Cir.· 1985-10-02 ·cited 2×
  The court held that the Tax Court abused its discretion by not allowing the taxpayers a reasonable opportunity to produce original canceled checks to substantiate their charitable contribution deductions.
• United States v. Houser
  746 F.2d 55· D.C. Cir.· 1984-10-19 ·cited 2×
  The Court held that the BATF tracer form 7520.5 was inadmissible hearsay and its admission was prejudicial error, requiring reversal of the conviction.
• Viracon, Inc. v. Nat'l Labor Relations Bd.
  736 F.2d 1188· 7th Cir.· 1984-06-20 ·cited 2×
  The court held that the National Labor Relations Board's order was not supported by substantial evidence, as the evidence of retaliatory discharge was exceedingly weak and the employer's explanation for the discharge was improperly rejected.
• Nadler v. Baybank Merrimack Valley, N.A.
  733 F.2d 182· 1st Cir.· 1984-05-07 ·cited 2×
  The court held that the plaintiffs failed to present admissible evidence showing the secured party's liquidation sale was conducted in a commercially unreasonable manner.
• United States v. Tiburcio A. Rangel
  585 F.2d 344· 8th Cir.· 1978-10-10 ·cited 2×
  The court held that the admission of photocopied receipts and merchant copies was proper, and the evidence was sufficient to sustain the conviction.
• Eliezer Moshe Malek and Malke Malek v. Fed. Ins. Co.
  994 F.2d 49· 2d Cir.· 1993-04-30 ·cited 1×
  The court held that the district court committed several evidentiary errors, including excluding relevant testimony, improperly sequestering an expert witness, and allowing impeachment based on religious beliefs, which cumulatively prejudiced the plaintiffs and affected the subst
• Mueller v. Abdnor
  972 F.2d 931· 8th Cir.· 1992-08-14 ·cited 1×
• United States v. MC Lean-Davis
  785 F.2d 1534· 11th Cir.· 1986-04-08 ·cited 1×
  The court held that the district court did not err in admitting a hearsay message, excluding evidence under Rule 403, controlling the order of testimony, proving venue, or denying a Speedy Trial Act claim.
• United States v. Cook
  783 F.2d 1207· 5th Cir.· 1986-02-27 ·cited 1×
  The court held that the circumstantial evidence was insufficient to prove beyond a reasonable doubt that the defendant knowingly conspired to manufacture a controlled substance.
• United States v. Otto D. Woods
  518 F.2d 696· 8th Cir.· 1975-07-09 ·cited 1×
  The court held that the trial judge did not abuse discretion in denying a mistrial due to a witness's delayed cross-examination and properly admitted business records into evidence.
• Lincare Holdings Inc. v. Doxo, Inc.
  M.D. Fla.· 2024-02-29
  The court held that Plaintiffs' call logs/notes, third-party disputes, and expert testimony on non-LINCARE marks are admissible.
• United States v. Gaynor
  M.D. Fla.· 2024-02-09
  The court granted in part and denied in part the parties' motions in limine, ruling on the admissibility of various financial records, a biographical book, and evidence of the defendant's prior FBAR proceedings.
• Treminio v. Crowley Mar. Corp.
  M.D. Fla.· 2024-02-01
  The court held that evidence of a settlement offer is admissible to refute affirmative defenses, and employee complaints against supervisors are admissible to show notice and establish a modus operandi, subject to certain limitations.
• Pearson v. Deutsche Bank AG
  S.D. Fla.· 2023-04-05
  The court held that indictments alleging defendants were victims of a Ponzi scheme are inadmissible hearsay and unfairly prejudicial under Rule 403, and thus must be excluded.
• MHG Hotels, LLC v. Studio 78, LLC
  S.D. Fla.· 2022-10-28
  The court held that certain expert opinions, related memoranda, affidavits, and hearsay references to contractor statements are inadmissible, while emails between parties and expert testimony on permit conditions are admissible.
• Fowler v. Experian Info. Solutions, Inc
  M.D. Fla.· 2022-05-16
  The court held that a furnisher's duty to investigate under the FCRA is triggered by notice from a consumer reporting agency, not direct consumer disputes, and that reasonableness of the investigation is a question of fact for certain disputes.
• Brown v. Vivint Solar, Inc.
  M.D. Fla.· 2020-05-06
  The court held that a spreadsheet summarizing credit application data was admissible as a business record under FRE 803(6) and that its late disclosure under FRCP 37(c)(1) was harmless.
• Anthony v. Anthony
  642 F. Supp. 2d 1366· S.D. Fla.· 2009-07-27
  The court held that the Truth in Lending Act (TILA) does not provide a remedy for a creditor's failure to make disclosures when the underlying loan documents are forgeries, as no contractual obligation was formed.
• United States v. Jenkins
  499 F. Supp. 2d 1268· M.D. Fla.· 2007-06-05
  The court held that prosecutorial comments on the defendant's post-Miranda refusal to provide a sworn written statement constituted a Doyle violation, as the defendant did not open the door to such commentary by attempting to create a false impression of cooperation.
• PT Indonesia Epson Indus. v. Orient Overseas Container Line, Inc.
  219 F. Supp. 2d 1265· S.D. Fla.· 2002-05-17
  The court denied plaintiffs' motion for summary judgment, finding a genuine issue of material fact regarding the driver's potential involvement in the cargo hijacking, which impacts the applicability of COGSA's exceptions.
• Romano v. Howarth
  998 F.2d 101· 2d Cir.· 1993-07-02
  The court held that the special interrogatories submitted to the jury inaccurately framed the issues and that the admission of the progress notes was improper hearsay.
• Marriott Corp. v. Simkins Indus., Inc.
  825 F. Supp. 1575· S.D. Fla.· 1993-06-23
  The court held that a demand letter is not a prerequisite for a private CERCLA cost recovery action, and investigatory costs are recoverable regardless of consistency with the National Contingency Plan (NCP). However, summary judgment for cleanup costs was denied due to genuine i
• United States v. McINTYRE
  997 F.2d 687· 10th Cir.· 1993-06-07
  The court affirmed the defendant's conviction, holding that the district court did not abuse its discretion in its evidentiary rulings or its decision regarding juror qualification, and that the admission of certain documents, while potentially erroneous, did not constitute plain
• United States v. Blackburn
  992 F.2d 666· 7th Cir.· 1993-04-22
  The court held that the district court did not err in refusing to define reasonable doubt or in admitting certain testimony and exhibits, but erred in admitting a specific lab report under the business records exception.
• McFARLANE v. Caterpillar, Inc.
  974 F.2d 176· D.C. Cir.· 1992-09-08
  The court held that the plaintiffs failed to present sufficient evidence to support a jury finding that a manufacturing defect caused the accident, as they did not adequately negate alternative explanations like driver error or faulty maintenance.
• Tongil Co., Ltd. v. The Vessel "Hyundai Innovator"
  968 F.2d 999· 9th Cir.· 1992-07-09
  The court held that hearsay declarations cannot be used to establish the foundation for admitting business records under Rule 803(6).