Federal Rules Of Civil Procedure Rule 52

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

• Chambers v. Local Union NO. 639
  578 F.2d 375· D.C. Cir.· 1978-02-23 ·cited 18×
• The Ballard & Cordell Corp. v. Zoller & Danneberg Exploration, Ltd.
  544 F.2d 1059· 10th Cir.· 1976-11-11 ·cited 18×
  The court held that the fractional working interests in oil and gas leases were not 'securities' under the federal securities acts, and affirmed the trial court's finding that the defendant's attempt to terminate the contract was due to the deal becoming unfavorable, not due to t
• Firestone v. Time, Inc.
  460 F.2d 712· 5th Cir.· 1972-04-20 ·cited 18×
  The court clarifies that 'independent de novo review' does not eliminate all deference to lower court findings, despite the duty to independently examine the record.
• Nat'l Transformer Corp. v. France MFG. Co.
  215 F.2d 343· 6th Cir.· 1954-08-03 ·cited 18×
  The court held that applying the principle of cold cathode starting to a hot cathode fluorescent tube by short-circuiting the electrodes did not involve invention, as cold cathode starting was known and the primary problem was lamp life, not starting mechanism.
• Madden v. Int'l Org. OF Masters
  259 F.2d 312· 7th Cir.· 1958-09-26 ·cited 17×
  The court held that the district court did not err in granting a temporary injunction under Section 10(Z) of the LMRA, finding reasonable cause to believe the respondents were labor organizations.
• Application of Murra
  178 F.2d 670· 7th Cir.· 1949-12-14 ·cited 17×
  The court held that past conduct outside the statutory five-year period preceding a naturalization petition cannot be the sole basis for disqualification, even if it reflects poorly on moral character.
• Janeen Barber v. United States
  711 F.2d 128· 9th Cir.· 1983-07-19 ·cited 16×
  The court held that amended findings of fact were clearly erroneous because they were made to conform to a predetermined outcome rather than solely on the evidence.
• Hopkins v. Wallin
  179 F.2d 136· 3d Cir.· 1949-12-30 ·cited 16×
  The court held that the preliminary mandatory injunction must be vacated and the cause remanded due to procedural defects and lack of jurisdictional amount.
• Application of Murra
  166 F.2d 605· 7th Cir.· 1948-02-11 ·cited 16×
  The court held that Rule 52 of the Federal Rules of Civil Procedure, requiring findings of fact and conclusions of law, is applicable to naturalization proceedings heard in open court.
• Hazeltine Corp. v. Crosley Corp.
  130 F.2d 344· 6th Cir.· 1942-08-28 ·cited 16×
  The court affirmed the dismissal of the patent infringement claim, holding that the district court properly found non-infringement based on the accused device's characteristics and the patent's scope, and declined to rule on patent validity.
• Franks v. The Kroger Co.
  649 F.2d 1216· 6th Cir.· 1981-06-01 ·cited 15×
  The court reversed the settlement agreement, finding it not in the best interest of the class members due to unequal benefits and the burden placed on individuals to prove discrimination.
• Sallie Pearl Lewis v. Bloomsburg Mills, Inc.
  773 F.2d 561· 4th Cir.· 1985-09-25 ·cited 14×
  The court held that the district court's orders prohibiting communication with class members were legally erroneous, and its finding that Bloomsburg's preference for experienced labor constituted a business necessity was clearly erroneous.
• Culpepper v. Reynolds Metals Co.
  442 F.2d 1078· 5th Cir.· 1971-05-07 ·cited 14×
  The court held that the district court's finding of a technical violation of Title VII was supported by the evidence, and the award of attorneys' fees was not an abuse of discretion.
• Henry v. The Clarksdale Mun. Separate Sch. Dist.
  433 F.2d 387· 5th Cir.· 1970-08-12 ·cited 14×
  The court denied the petition for rehearing and rehearing en banc.
• Chambers v. Beto
  428 F.2d 791· 5th Cir.· 1970-06-15 ·cited 14×
  A guilty plea entered on advice of competent counsel is not rendered involuntary by allegations of illegally seized evidence or a coerced confession.
• Am. Transit Lines v. Smith
  246 F.2d 86· 6th Cir.· 1957-07-02 ·cited 14×
  A motor carrier holding a public franchise cannot delegate its duties under the franchise to an independent contractor to absolve itself from liability for negligence, even when the contractor is performing an activity incidental to the franchise operation.
• Strand v. Schmittroth
  233 F.2d 598· 9th Cir.· 1956-05-03 ·cited 14×
  The court held that a federal probationer is not automatically insulated from state prosecution by "custody of the law" and that granting habeas corpus on this basis creates undue judicial conflict.
• Matson Navigation Co. v. Hansen
  132 F.2d 487· 9th Cir.· 1942-12-12 ·cited 14×
  The court held that there was sufficient evidence to support the trial court's finding that the seaman was injured due to working in an unsafe place.
• Am. Alliance Ins. Co. v. Keleket X-Ray Corp.
  248 F.2d 920· 6th Cir.· 1957-10-19 ·cited 13×
  The dissenting judge held that the business interruption loss calculation was erroneous due to incorrect inventory valuation and that decontamination expenses should be included in the judgment.
• Evans Newton Inc. v. Chicago Sys. Software
  793 F.2d 889· 7th Cir.· 1986-06-19 ·cited 12×
  The court held that the defendants infringed the plaintiff's copyright in the user's manual, affirming the injunction and actual damages, but reversed the awards for punitive damages and attorneys' fees due to the plaintiff's failure to register the copyright before the infringem
• Walker v. A.L. Lockhart
  763 F.2d 942· 8th Cir.· 1985-05-17 ·cited 12×
  The court held that newly discovered evidence, if credible enough for a jury, warrants a new trial, and that the trial judge's bias deprived the defendant of a fair trial.
• Zemurray Found. v. United States
  687 F.2d 97· 5th Cir.· 1982-09-27 ·cited 12×
  The dissenting judge believes the majority's interpretation of the tax statute is incorrect and that the property sold was not subject to tax.
• Transp. Equip. Co. v. Guar. State Bank
  518 F.2d 377· 10th Cir.· 1975-06-26 ·cited 12×
  The court held that the Bank's security interest was not perfected by possession prior to TECO's filing, and that the trial court erred in calculating damages based on the retail value of fully assembled goods.
• United States v. Livingston
  459 F.2d 797· 3d Cir.· 1972-05-02 ·cited 12×
  The court held that conditioning a defendant's request for a non-jury trial on a waiver of findings of fact and conclusions of law is impermissible.
• Meier & Pohlmann Furniture Co. v. Gibbons
  233 F.2d 296· 8th Cir.· 1956-04-26 ·cited 12×
  The court held that the defendant carriers were excused from providing pick-up and delivery service under the impracticable operation tariff due to violence and danger on the picket line, and that the plaintiff failed to prove a conspiracy or unlawful boycott.
• Robert H. FOX Co. v. Keystone Driller Co. & Cal. Tr. Co.
  232 F.2d 831· 3d Cir.· 1956-04-18 ·cited 12×
  The court held that the trial court's findings regarding breach of contract, damages, and credits were not clearly erroneous, but modified the interest calculation on a working capital loan.
• Wasserman v. Perugini
  173 F.2d 305· 2d Cir.· 1949-03-11 ·cited 12×
  The court held that the plaintiffs failed to prove negligence by the mail truck driver and that there was no federal jurisdiction over claims against the individual defendants due to lack of diversity.
• United States ex rel. Hanson v. Ragen
  166 F.2d 608· 7th Cir.· 1948-02-17 ·cited 11×
  A writ of habeas corpus cannot be used to review a conviction when the petitioner deliberately waived appellate rights and the trial court had jurisdiction.
• Brother v. CPL Invs., Inc.
  317 F. Supp. 2d 1358· S.D. Fla.· 2004-03-22 ·cited 10×
  Plaintiffs lack standing to sue for ADA violations concerning barriers they were unaware of or which were unrelated to their specific disabilities. One plaintiff also lacked standing due to speculative injuries and a non-credible claim of intent to patronize the hotel.
• Florida Municipal Liability Self Insurers Program v. Mead Reinsurance Corp.
  644 F. App'x 913· S.D. Fla.· 1992-06-03 ·cited 10×
  The court held that the insureds' failure to provide timely notice of underlying proceedings to the excess insurer constituted a material breach of the policy, substantially prejudicing the insurer and relieving it of its duty to defend or indemnify.
• Ellis v. Ringgold Sch. Dist.
  832 F.2d 27· 3d Cir.· 1987-10-29 ·cited 10×
  The court affirmed the back pay award but remanded for the district court to consider reinstatement and retroactive seniority, as the issue was not previously addressed.
• Lapeyrouse v. Texaco, Inc.
  670 F.2d 503· 5th Cir.· 1982-03-04 ·cited 10×
  The court held that it must remand the case to determine the timeliness and basis of the motion for rehearing, as this affects whether the notice of appeal was valid.
• C. v. Toussaint
  581 F.2d 812· 10th Cir.· 1978-08-09 ·cited 10×
  The court held that the trial court's findings of no age discrimination and no coercion into early retirement were not clearly erroneous and were supported by the record.
• James v. Otto C. Boles
  339 F.2d 431· 4th Cir.· 1964-11-20 ·cited 10×
  The court affirmed the district court's dismissal of the habeas corpus petition, finding the petitioner was competent to stand trial and received effective assistance of counsel.
• Irvin v. Dowd
  251 F.2d 548· 7th Cir.· 1958-01-29 ·cited 10×
  The court affirmed the denial of the habeas corpus petition, finding that the petitioner had not exhausted state remedies and that the Indiana Supreme Court's decision was not subject to review in this federal proceeding.
• Gordon v. Woods
  189 F.2d 76· 1st Cir.· 1951-05-22 ·cited 10×
  A bidder at a judicial sale cannot withdraw their bid without good cause after the auctioneer accepts it, and can be compelled to complete the purchase or be liable for any deficiency upon resale.
• United States ex rel. DE Lucia v. O'Donovan
  178 F.2d 876· 7th Cir.· 1949-12-08 ·cited 10×
  A parole warrant issued without any information of a parole violation is arbitrary and capricious, allowing immediate habeas corpus review despite the general rule requiring exhaustion of administrative remedies.
• United States v. One 1977 36 Foot Cigarette Ocean Racer
  624 F. Supp. 290· S.D. Fla.· 1985-12-10 ·cited 9×
  The court held that the claimant failed to prove the innocent owner defense by a preponderance of the evidence, and the vessel was subject to forfeiture.
• Ellis v. Se. Constr. Co., Inc.
  260 F.2d 280· 8th Cir.· 1958-10-21 ·cited 9×
  A member of the armed forces can acquire a new domicile of choice if physical presence and intent to make a place their home concur, even if stationed there due to military orders.
• Netherlands Shipmortgage Corp., Ltd. v. Madias
  717 F.2d 731· 2d Cir.· 1983-09-12 ·cited 8×
  The court held that the Ship Mortgage Act does not grant admiralty jurisdiction over guarantors, but reversed the dismissal because the finding that the plaintiff was 'doing business' in New York under BCL § 1312 was clearly erroneous.
• United States v. Ewbank
  483 F.2d 1149· 9th Cir.· 1973-08-16 ·cited 8×
  The dissenting judge argues that the record affirmatively establishes entrapment, meaning the defendant lacked criminal predisposition and was lured into committing the offense by government agents.
• Bethlehem Steel Corp. v. Captain Elmer S. Yates
  438 F.2d 798· 6th Cir.· 1971-02-08 ·cited 8×
  The court held that the harbor pilot's negligent failure to exercise the required degree of care, proximately causing the collision, established his liability for damages.
• Reiter v. Universal Marion Corp.
  299 F.2d 449· D.C. Cir.· 1962-01-25 ·cited 8×
  The court held that the District Court correctly dismissed the stockholders' derivative action, as the prior New York judgment approving a settlement was res judicata and entitled to full faith and credit.
• Alden D. Stanton and Louise M. Stanton v. United States
  268 F.2d 727· 2d Cir.· 1959-07-06 ·cited 8×
  The court held that the payment in question should be classified as a gift, not taxable compensation, based on the dominant motive of goodwill and esteem.
• Peterson v. Denevan
  177 F.2d 411· 8th Cir.· 1949-11-03 ·cited 8×
  The court held that the evidence did not compel a finding that the defendant's conduct was willful and wanton misconduct under the South Dakota Guest Statute.
• Baumgartner v. United States
  138 F.2d 29· 8th Cir.· 1943-09-11 ·cited 8×
  The dissenting judge believes the appellant's citizenship was wrongly revoked and his freedom of speech was abridged by the government's actions.
• Robinson v. Montgomery Ward & Co., Inc.
  823 F.2d 793· 4th Cir.· 1987-07-14 ·cited 7×
  The court held that the plaintiff failed to establish a prima facie case of employment discrimination under Title VII or Section 1981, and therefore the district court's judgment for the defendant was correct.
• Hong-Yee Chiu v. The United States
  948 F.2d 711· Fed. Cir.· 1991-10-29 ·cited 6×
  The court held that the Claims Court did not abuse its discretion in determining the government's position was not substantially justified, entitling the plaintiff to attorney fees. However, the court reversed the calculation of the fee award, finding that cost-of-living adjustme
• Stanley R. Waxman and wife v. Luna
  881 F.2d 237· 6th Cir.· 1989-07-27 ·cited 6×
  The court held that an individual who is not an employee and not a participant or beneficiary under ERISA lacks standing to bring a civil action under the Act, affirming dismissal for lack of subject matter jurisdiction.
• Norwest Cap. Mgmt. & Tr. Co. v. United States
  828 F.2d 1330· 8th Cir.· 1987-09-18 ·cited 6×
  The court held that the district court's finding that Kasen was not negligent was clearly erroneous, and that both Shields and Kasen were grossly negligent. The court also found that the district court's findings on proximate cause were mistaken and lacked evidentiary support.