Federal Rules Of Civil Procedure Rule 52

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

• Jones v. Diamond
  636 F.2d 1364· 5th Cir.· 1981-01-29 ·cited 208×
  The court held that the district court's grant of injunctive relief was appropriate, and that while circumstances had changed, the record did not show a total change warranting dismissal or reversal of the relief.
• Caradelis v. Refineria Panama
  384 F.2d 589· 5th Cir.· 1967-08-28 ·cited 69×
  An order dismissing a libel but not finally disposing of a cross libel is not a final decision for appeal purposes under 28 U.S.C. § 1291. The court affirmed the district court's findings regarding liability and damages.
• Lester v. Heyward McFADDON & Cameron Lumber Co.
  415 F.2d 1101· 4th Cir.· 1969-09-15 ·cited 68×
  A party's appointment solely to manufacture diversity jurisdiction is improper under 28 U.S.C.A. § 1359, but this rule will be applied prospectively due to equitable considerations.
• Milgram v. Loew's, Inc.
  192 F.2d 579· 3d Cir.· 1951-10-31 ·cited 61×
  The court held that the distributors' uniform refusal to license first-run films to the plaintiff's drive-in theater, despite offering higher rentals, supported an inference of conspiracy in violation of antitrust laws.
• Hycon Mfg. Co. v. H. Koch & Sons
  219 F.2d 353· 9th Cir.· 1955-01-31 ·cited 58×
  A summary judgment is improper when material questions of fact exist, even if both parties move for summary judgment or the evidence is documentary. The court must hold a trial to resolve factual disputes regarding patent validity.
• Baker v. Stuart Broad. Co.
  560 F.2d 389· 8th Cir.· 1977-08-11 ·cited 57×
  The court held that two corporations should be consolidated for the purposes of the employer definition under Title VII if they meet the National Labor Relations Board standards, even if they are legally separate entities.
• McCLANAHAN v. Mathews
  440 F.2d 320· 6th Cir.· 1971-04-08 ·cited 57×
  The court held that the district court applied the wrong legal standard in denying liquidated damages and that the issue of pre-judgment interest requires further findings. The court affirmed the back pay and attorney fees awards.
• Wrighten v. Metro. Hosps., Inc.
  726 F.2d 1346· 9th Cir.· 1984-01-31 ·cited 53×
  The court held that the trial court erred in dismissing Red Top and in applying the statute of limitations for Blocker's § 1981 claim, but these errors were harmless. The court reversed the dismissal of Wrighten's retaliation claim, finding that her termination was retaliatory.
• The Cold Metal Process Co. & The Union Nat'l Bank of Youngstown v. Republic Steel Corp.
  233 F.2d 828· 6th Cir.· 1956-04-10 ·cited 48×
  The court denied petitions for rehearing, adhering to its prior decision regarding patent license agreements and immunity.
• Hargrove v. Am. Cent. INS. Co.
  125 F.2d 225· 10th Cir.· 1942-01-16 ·cited 48×
  The court held that although the trial court improperly used an advisory jury without a motion after waiver of jury trial, the insured consented to the procedure and was not prejudiced, and the court's findings of fact were supported by sufficient evidence and not clearly erroneo
• Marr v. Rife
  503 F.2d 735· 6th Cir.· 1974-09-26 ·cited 46×
  The court held that federal law, not state law, governs vicarious liability under the Fair Housing Act, and that the District Court should clarify its reasoning for the awards of compensatory damages, costs, and attorney fees.
• Root v. Cunningham
  344 F.2d 1· 4th Cir.· 1965-03-26 ·cited 46×
  The court held that the appellant's absence from the jury instruction conference did not violate his constitutional rights, and his claims of ineffective counsel and lack of counsel at arraignment were factually unsupported.
• John D. and Sally A. Byram v. United States
  705 F.2d 1418· 5th Cir.· 1983-05-31 ·cited 42×
  The court held that a taxpayer's holding purpose for real property is a question of fact, reviewed for clear error, and that the taxpayer's sales activity was not sufficiently frequent to compel ordinary income treatment.
• Hal Francis Rachal and Edward B. Hunnicutt v. Grover C. Hill
  435 F.2d 59· 5th Cir.· 1970-12-03 ·cited 42×
  The court held that collateral estoppel was improperly applied to deny appellants a jury trial on their civil liability for securities law violations, and that the district court erred in granting summary judgment.
• C. H. Codding & Sons v. Armour & Co.
  404 F.2d 1· 10th Cir.· 1968-12-05 ·cited 42×
  The court held that Armour had no duty to supply semen for market sale, and that certain accounting issues required further findings, while reversing the denial of the calf crop loss claim.
• Chandler v. The United States
  226 F.2d 403· 7th Cir.· 1955-10-14 ·cited 42×
  The court held that the taxpayer's land sales during the period 1942-1950 qualified for capital gains treatment, not ordinary income.
• Tennessee Coal v. Muscoda Local NO. 123
  137 F.2d 176· 5th Cir.· 1943-07-27 ·cited 42×
  The court held that the determination of what constitutes 'working time' under the Fair Labor Standards Act is a question of fact, and the trial court's finding on this issue was not clearly erroneous.
• Speyer, Inc. v. Humble OIL & Ref. Co. & A. O. Smith Corp. Speyer, Inc.
  403 F.2d 766· 3d Cir.· 1968-11-12 ·cited 40×
  The court held that the trial court's finding of driver negligence as the proximate cause of the fire was not clearly erroneous, and that neither defendant could be held liable under strict liability principles due to substantial modification of the product or not being a 'seller
• Crawford v. W. Elec. Co., Inc.
  745 F.2d 1373· 11th Cir.· 1984-11-05 ·cited 39×
  The court held that the employer failed to articulate legally sufficient, specific, and timely reasons to rebut the prima facie cases of discrimination for several appellants, but successfully rebutted the claims of others.
• Morgado v. Birmingham-Jefferson Cnty. Civil Def. Corps
  706 F.2d 1184· 11th Cir.· 1983-06-10 ·cited 39×
  The court affirmed the district court's findings on discrimination claims but remanded for recalculation of attorney's fees, finding the reduction of hours and failure to account for inflation/delay improper.
• Ramey Constr. Co., Inc. v. The Apache Tribe OF the Mescalero Reservation
  673 F.2d 315· 10th Cir.· 1982-03-22 ·cited 38×
  The court held that the Mescalero Apache Tribe is immune from suit due to sovereign immunity and that Boyle Engineering Corporation is not liable for negligence or misrepresentation claims. The court affirmed the district court's judgment.
• Ric-Wil Co. v. E. B. Kaiser Co.
  179 F.2d 401· 7th Cir.· 1950-01-05 ·cited 36×
  The court held that the trial court's findings of patent validity and infringement were not clearly erroneous and were substantially supported by the record, but modified the judgment regarding the accounting for damages to conform to statutory provisions.
• Jones v. Diamond
  594 F.2d 997· 5th Cir.· 1979-04-26 ·cited 35×
  The court held that while some injunctive relief was warranted, the plaintiffs were entitled to further relief, including potential damages for constitutional violations, and that the case should be remanded for further consideration of class certification and damages.
• Am. Football League v. Nat'l Football League
  323 F.2d 124· 4th Cir.· 1963-09-23 ·cited 30×
  The court held that the National Football League's actions did not violate the Sherman Act, affirming the district court's decision.
• Bufkin R. Fairchild v. POE
  259 F.2d 329· 5th Cir.· 1958-09-22 ·cited 30×
  The court held that the patent was anticipated by prior art and thus invalid, and that the defendant did not infringe.
• Kirby v. Pa. R. Co.
  188 F.2d 793· 3d Cir.· 1951-04-23 ·cited 30×
  The court held that the National Railroad Adjustment Board's award was sufficiently definite for enforcement and that the plaintiffs had standing to sue, but remanded for a determination on whether notice was required for certain employees.
• Branion v. Gramly
  855 F.2d 1256· 7th Cir.· 1988-07-29 ·cited 26×
  The court held that the district court lacked jurisdiction to consider a second post-judgment motion after a notice of appeal was filed, and that materials not presented to the district court could not be considered on appeal. The court also found that the jury's verdict was supp
• Consol. SUN RAY, Inc. v. Oppenstein
  335 F.2d 801· 8th Cir.· 1964-08-17 ·cited 26×
  The court held that the trial court erred in ruling as a matter of law that the lessor had no duty to mitigate damages, as the evidence presented a question of fact for the jury regarding which option the lessor elected upon the lessee's default.
• Ohlinger v. United States
  219 F.2d 310· 9th Cir.· 1955-01-28 ·cited 26×
  The court held that the trial court erred in placing the burden of proving freedom from fraud on the taxpayers and that the judgment was unsupported by a finding of fraud.
• Smith v. Cushman Motor Works, Inc.
  178 F.2d 953· 8th Cir.· 1950-01-12 ·cited 26×
  The court held that the appellants waived their right to a jury trial by consenting to a bench trial and not objecting to the court's procedure.
• Curtis v. Rives
  123 F.2d 936· D.C. Cir.· 1941-12-01 ·cited 26×
  The court held that the appellant's claims of denial of confrontation and compulsory process rights were not supported by the record, and thus the writ of habeas corpus was properly denied.
• McMILLAN v. Escambia Cnty.
  688 F.2d 960· 5th Cir.· 1982-09-24 ·cited 25×
  The court held that the district court's finding of intentional discrimination was not clearly erroneous under the standard set by Rogers v. Lodge, and affirmed the district court's judicially imposed remedy.
• Cross v. Pasley
  267 F.2d 824· 8th Cir.· 1959-06-08 ·cited 25×
  The court held that the trial court's findings of fact and conclusions of law were inadequate for appellate review, requiring a remand for additional findings.
• Monaghan v. Hill
  140 F.2d 31· 9th Cir.· 1944-01-21 ·cited 25×
  The court held that the trial court's award of attorney fees and expenses was inadequate and remanded for reconsideration.
• Weber v. McKEE
  215 F.2d 447· 5th Cir.· 1954-08-25 ·cited 24×
  The court held that the evidence supported the trial court's finding of no fraud and that the trial court's findings of fact were sufficient to support the judgment.
• In re DeLOREAN Motor Co. v. John Z. DeLOREAN (83-1802)
  755 F.2d 1223· 6th Cir.· 1985-02-27 ·cited 22×
  The court held that a bankruptcy court's order to escrow sale proceeds, intended to preserve assets for investigation, was a valid preliminary injunction under 11 U.S.C. § 105(a) and Fed.R.Civ.P. 65, not an attachment governed by state law.
• Garnett B. Fortner v. Balkcom
  380 F.2d 816· 5th Cir.· 1967-07-07 ·cited 22×
  The court held that the district court erred in denying a writ of habeas corpus without a full evidentiary hearing, as the petitioner raised substantial constitutional claims that required further factual development.
• Simpson v. United States
  261 F.2d 497· 7th Cir.· 1958-11-07 ·cited 22×
  The court held that the payment to the widow was taxable income, not a gift, because it was occasioned by the employee's death and not solely based on past services.
• Magidson v. Duggan
  212 F.2d 748· 8th Cir.· 1954-05-11 ·cited 22×
  The court held that the reorganization court's findings regarding the relationship between the debtor and its alleged subsidiaries were not clearly erroneous, and that the trustee was entitled to Magidson's share of the joint venture profits.
• Busey v. Deshler Hotel Co.
  130 F.2d 187· 6th Cir.· 1942-07-08 ·cited 22×
  The court held that entertainment provided in a hotel dining room, even without a separate admission charge, constitutes a performance for profit under the internal revenue laws, and a portion of the refreshment charges is deemed an admission charge for tax purposes.
• Scott v. Vandiver
  476 F.2d 238· 4th Cir.· 1973-03-16 ·cited 21×
  A sheriff is liable under 42 U.S.C. § 1983 for the actions of temporary law enforcement officers he summons, even if those officers are county employees acting outside their normal duties. A county supervisor is not liable for such actions if the sheriff, not the supervisor, was
• Nygaard v. Peter PAN Seafoods, Inc.
  701 F.2d 77· 9th Cir.· 1983-03-04 ·cited 20×
  Non-pecuniary losses, such as loss of society, are not recoverable under the Jones Act, and state wrongful death statutes are preempted by the Death on the High Seas Act on the high seas.
• Kaiser Aluminum & Chem. Corp. v. Ill. Cent. Gulf R.R. Co.
  615 F.2d 470· 8th Cir.· 1980-02-05 ·cited 20×
  The court held that the cumulative evidence, including the bill of lading, the carrier's admission, the absence of cleaning records, and witness testimony, was sufficient to establish delivery of the bauxite in good condition under the Carmack Amendment.
• Flint v. Howard
  464 F.2d 1084· 1st Cir.· 1972-06-15 ·cited 20×
  The court denied the petition for rehearing, finding no merit in the petitioner's arguments regarding misleading court actions, the application of Rule 6(e), or treating a motion for reconsideration as a motion to vacate judgment.
• United States ex rel. Charles Townsend v. Twomey
  452 F.2d 350· 7th Cir.· 1971-11-19 ·cited 20×
  The district court did not abuse its discretion in granting a writ of habeas corpus based on an involuntary confession, as res judicata does not apply to successive petitions and the facts supported a finding of involuntariness.
• United States v. Guyer
  218 F.2d 266· 4th Cir.· 1954-12-28 ·cited 20×
  The court held that some damage awards were excessive and clearly erroneous, requiring reduction, while others were not clearly erroneous and were affirmed.
• Petroleos Mexicanos v. Crawford Enters., Inc.
  826 F.2d 392· 5th Cir.· 1987-09-10 ·cited 19×
  The court held that the civil contempt finding against Pemex is final and appealable, but the criminal contempt finding is not because no sanction was imposed. The court affirmed the civil contempt finding and dismissed the criminal contempt appeal.
• Landaas v. Canister Co.
  188 F.2d 768· 3d Cir.· 1951-04-26 ·cited 19×
  An attendance bonus, even if labeled a gratuity and subject to conditions, constitutes part of an employee's 'regular rate' of pay under the Fair Labor Standards Act if it is part of an employment contract and bargained for.
• In re Pioneer Ford Sales
  729 F.2d 27· 1st Cir.· 1984-03-06 ·cited 18×
  A manufacturer's objection to assigning a franchise to a financially unstable dealer is reasonable under applicable state law, preventing the bankruptcy court from authorizing the assignment over the manufacturer's objection.
• Wylene Watson v. Nat'l Linen Serv.
  686 F.2d 877· 11th Cir.· 1982-09-20 ·cited 18×
  The court held that the district court's factual findings regarding the selection process for the route operator position were clearly erroneous, requiring reversal.