Federal Rules Of Civil Procedure Rule 52

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

• Bowater N. Am. Corp. v. Murray Mach., Inc.
  773 F.2d 71· 6th Cir.· 1985-09-16 ·cited 6×
  The court held that a dispute over the interpretation of a settlement agreement's terms, after performance has begun, does not constitute a mistake requiring a jury trial, and Rule 52 does not apply to the enforcement of settlement agreements.
• Double H Plastics, Inc. v. Sonoco Prods. Co.
  732 F.2d 351· 3d Cir.· 1984-04-20 ·cited 6×
  The court held that the defendant's pricing practices did not demonstrate predatory intent under the Robinson-Patman Act, as the evidence showed awareness of market dynamics rather than a purpose to destroy competition.
• Mrs. William Betty Helis v. Usry
  496 F.2d 1319· 5th Cir.· 1974-07-15 ·cited 6×
  The court held that the government waived its right to object to the sufficiency of the taxpayers' refund claims by failing to raise the issue until the second appeal.
• Tidewater Marine Activities, Inc. v. Am. Towing Co., Inc.
  437 F.2d 124· 5th Cir.· 1970-12-30 ·cited 6×
  The court held that the towing vessel was negligent in its make-up of the tow and its speed, leading to the sinking of the quarterboat, and that the quarterboat was seaworthy.
• Carlton C. Hays v. Morgan
  221 F.2d 481· 5th Cir.· 1955-04-26 ·cited 6×
  The owner of an aircraft who authorizes a pilot to operate it is deemed engaged in the operation of aircraft and is liable for the pilot's negligence, regardless of legal control.
• Federated Meat Corp. v. Reconstr. Fin. Corp.
  183 F.2d 588· Emer. Ct. App.· 1950-07-12 ·cited 6×
  The court held that the Reconstruction Finance Corporation (RFC) acted properly in invalidating past subsidy claims and withholding future payments pending judicial determination of price regulation violations. The regulation allowing such withholding is valid.
• ELM Corp. v. E. M. Rosenthal Jewelry Co.
  161 F.2d 902· D.C. Cir.· 1947-05-26 ·cited 6×
  The court held that the plaintiffs failed to establish an implied agreement for proportional stock distribution in retail stores based on past conduct, and that the opportunity to establish new retail stores belonged to an individual, not the wholesale company.
• Sierra Club v. Fed. Deposit Ins. Corp.
  992 F.2d 545· 5th Cir.· 1993-06-08 ·cited 5×
  The court held that the district court had jurisdiction to enjoin the FDIC, but vacated the injunction because the plaintiffs had not yet shown entitlement to relief and the district court failed to enter required findings of fact and conclusions of law.
• Wayzata Bank & Tr. Co. v. A & B Farms
  855 F.2d 590· 8th Cir.· 1988-08-30 ·cited 4×
  The court held that the district court did not err in allowing a counterclaim for breach of fiduciary duty to be asserted, finding jurisdiction, and denying motions for relief from judgment.
• Alexander Hamilton Life Ins. Co. OF Am. v. Gov't OF the Virgin Islands OF the United States
  757 F.2d 534· 3d Cir.· 1985-02-28 ·cited 4×
  Fastlands created by unauthorized artificial fill belong to the owner of submerged lands, not the upland owner. Accreted fastlands generally belong to the upland owner unless created by unlawful fill.
• United States v. Various Articles OF Merchandise
  750 F.2d 596· 7th Cir.· 1984-12-10 ·cited 4×
  The court held that the district court's finding that certain magazines were not obscene was clearly erroneous due to an inadequate comparison with similar materials and insufficient articulation of community standards.
• Gloristeen Harris v. City OF Fort Myers
  624 F.2d 1321· 5th Cir.· 1980-08-28 ·cited 4×
  The court held that the trial court did not err in awarding attorney's fees to the plaintiffs, as they were the prevailing party, even though the judgment was by consent, and the award was based on appropriate standards.
• Hodgson v. ELM Hill Meats OF Ky., Inc.
  463 F.2d 1186· 6th Cir.· 1972-07-06 ·cited 4×
  The court held that the trial judge's findings of fact regarding employee work hours and wage calculations were supported by substantial evidence and not clearly erroneous.
• Republic Rice Mill, Inc. v. Empire Rice Mills, Inc.
  313 F.2d 717· 8th Cir.· 1963-02-27 ·cited 4×
  The court held that the warehouseman was not liable for deficiencies in milling yield because the Commodity Credit Corporation's offer terms warned bidders to inspect the rice, and the warehouseman was not bound by the Agricultural Marketing Service inspection certificates.
• Merchs. Matrix CUT Syndicate, Inc. v. United States
  284 F.2d 456· 7th Cir.· 1960-11-23 ·cited 4×
  The court held that certain costs associated with converting equipment to a new electrical current and the award of interest from the date of the original, non-final judgment were improperly included in the damages awarded to the plaintiff.
• Elam v. United States
  250 F.2d 582· 6th Cir.· 1958-01-03 ·cited 4×
  The court held that the trial judge's findings were not clearly erroneous and that the Ohio 'assured clear distance ahead' statute was inapplicable.
• Matter of Marathon Foundry & Mach. Co. v. Schwartz
  239 F.2d 122· 7th Cir.· 1956-11-29 ·cited 4×
  A confirmed judicial sale will not be set aside for mere inadequacy of price, absent fraud or mistake, and a party's subsequent offer to pay more does not divest the original buyer of their vested rights.
• Watterson v. NEW York Cent. R.R. Co.
  235 F.2d 114· 6th Cir.· 1956-06-14 ·cited 4×
  The court held that the intermediate carrier was not liable for the employee's injuries because there was insufficient evidence that the car was defective when delivered and the intermediate carrier had no duty to inspect.
• Rainey v. Rainey
  D.D.C.· 1942-11-02 ·cited 4×
  The court held that the absence of specific findings of fact and conclusions of law, coupled with an inadequate record, required reversal of the judgments.
• Whitman v. Webster
  122 F.2d 860· 8th Cir.· 1941-10-16 ·cited 4×
  The court held that the materials and supplies transferred were current assets, not demised property to be returned, and that the $500,000 advancement was a loan, not a purchase of an interest in supplies.
• Miami-Dade Cnty. v. United States
  345 F. Supp. 2d 1319· S.D. Fla.· 2004-09-30 ·cited 3×
  The court found that the United States' sovereign immunity was not waived for claims under state and local environmental laws, but genuine issues of material fact precluded summary judgment on CERCLA and RCRA claims.
• Aalco Constr. Co. v. F. H. Linneman Constr. Co., Inc.
  399 F.2d 516· 10th Cir.· 1968-09-04 ·cited 3×
  The court held that an oral agreement to indemnify is enforceable under Oklahoma law and is not subject to the Statute of Frauds, and that the trial court's findings of fact were supported by substantial evidence.
• Union Carbide & Carbon Corp. v. Stuart Labs., Inc.
  194 F.2d 823· 3d Cir.· 1952-02-20 ·cited 3×
  The court held that the patent for synthetic star rubies and sapphires was valid and infringed, and that the patentee's disclosure was sufficient.
• Sec. & Exch. Comm'n v. Huff
  745 F. Supp. 2d 1284· S.D. Fla.· 2010-09-30 ·cited 2×
  The court found that Defendant Huff violated federal securities laws by siphoning funds and artificially inflating Certified's financial condition, and ordered disgorgement of ill-gotten gains.
• Rutgers v. Martin Woodlands GAS Co. & Martin Blue Ridge Gas Co.
  974 F.2d 659· 5th Cir.· 1992-10-13 ·cited 2×
  The court held that the contract lapsed at the end of its first year due to the parties' failure to agree on a price, and subsequent actions did not revive the original contract's notice requirements.
• Dvorak v. Metro. Life Ins. Co.
  965 F.2d 606· 8th Cir.· 1992-05-27 ·cited 2×
  The court held that the magistrate judge's finding that the nursing home care provided was principally custodial was clearly erroneous, and therefore the denial of benefits was improper.
• Woodland v. City OF Houston
  940 F.2d 134· 5th Cir.· 1991-08-30 ·cited 2×
  The court held that the district court erred by submitting questions of law regarding privacy interests to the jury and by failing to make independent factual findings, necessitating a remand.
• United States v. Gonzolo Gonzales
  852 F.2d 1214· 9th Cir.· 1988-07-28 ·cited 2×
  The court held that a delay in ruling on a motion for revocation of a detention order does not warrant conditional release if the defendant is found to be a danger to the community.
• Scott v. The Riley Co.
  645 F.2d 565· 7th Cir.· 1981-03-09 ·cited 2×
  The court held that the accumulation of incidents, including repeated refusals to follow company rules and perform assigned tasks, constituted just cause for discharge under the collective bargaining agreement.
• In re the Cent. R.R. Co. OF NEW Jersey
  521 F.2d 635· 3d Cir.· 1975-05-09 ·cited 2×
  The court held that the reorganization court must reconsider future payments of interline balances quarterly, considering their impact on continued rail operations.
• United States ex rel. Edward McCOY v. Rundle
  419 F.2d 118· 3d Cir.· 1969-12-08 ·cited 2×
• Lundregan v. Mrs. G. Jeannette Lundregan
  252 F.2d 823· D.C. Cir.· 1958-01-17 ·cited 2×
  The court held that a commitment order for contempt for non-payment of a money judgment, absent a finding that the husband failed to maintain his children despite being able to do so, is invalid.
• Sparks v. Commissioner OF Internal Revenue
  238 F.2d 845· 7th Cir.· 1956-12-03 ·cited 2×
  The court held that the alleged partnership between the taxpayer and his minor son was not a bona fide partnership for federal tax purposes, as there was no genuine intent to join together in the present conduct of the enterprise.
• Kweskin v. Finkelstein
  232 F.2d 801· 7th Cir.· 1956-05-04 ·cited 2×
  The court held that the landlord's demand for $1,000 as a condition to approving a new tenant who would purchase furniture constituted a violation of the Housing and Rent Act, entitling the tenant to treble damages.
• Broomfield v. Tex. Gen. Indem. Co.
  201 F.2d 746· 5th Cir.· 1953-02-13 ·cited 2×
  The court held that circumstantial evidence, aided by the presumption against a spoliator, established a prima facie case for the plaintiffs, entitling them to a jury determination.
• Steinfeldt v. Haymond
  175 F.2d 768· 5th Cir.· 1949-06-25 ·cited 2×
  The court held that the trial court did not abuse its discretion in denying a continuance and that its findings of fact were not clearly erroneous.
• Locomotive Eng'rs Mut. Life & Accident Ins. Ass'n v. Laurent
  172 F.2d 889· 7th Cir.· 1949-02-21 ·cited 2×
  The court held that the Arkansas divorce decree was valid and entitled to full faith and credit, making the subsequent marriage to Irma valid and entitling her to the insurance proceeds.
• McCLENDON v. United States
  163 F.2d 895· 7th Cir.· 1947-10-13 ·cited 2×
  The court held that the trial court's findings of fact were not clearly erroneous and that administrative determinations of beneficiary status are not binding on the court.
• Deep Rock Oil Corp. v. Salisbury
  130 F.2d 387· 8th Cir.· 1942-08-19 ·cited 2×
  The court held that the plaintiff failed to establish that sales were made to the defendant savings and loan association or in reliance on its credit, thus affirming the trial court's judgment.
• Sullivan v. Washington
  128 F.2d 466· 5th Cir.· 1942-05-15 ·cited 2×
  The court held that the trial judge did not err in refusing to order a Lipiodol injection test or an Achilles reflex test, and that the findings of fact were not clearly erroneous.
• United States v. Cheek
  126 F.2d 1· 6th Cir.· 1942-03-03 ·cited 2×
  The court held that the appellee bore the burden of the floor stock tax and was entitled to a refund, as the trial court's findings were supported by evidence and not clearly erroneous.
• United States v. Boston & M. R. R.
  117 F.2d 424· 1st Cir.· 1941-02-04 ·cited 2×
  The court held that a railroad knowingly and willfully violated the Cruelty to Animals Act by confining calves for over 70 hours without unloading, as the proviso for adequate space was not met and the weather did not constitute an unavoidable cause for non-compliance.
• United States v. One Parcel of Real Est. at 3229 S.W. 23rd St.
  768 F. Supp. 340· S.D. Fla.· 1991-06-26 ·cited 1×
  The court held that the real estate was subject to forfeiture because the government established probable cause that it was used to facilitate drug trafficking, and the claimant failed to establish an innocent owner defense due to insufficient ownership interest and evidence of k
• Kaleidoscope Tours v. M/V "Tropicana"
  755 F. Supp. 382· S.D. Fla.· 1990-12-21 ·cited 1×
  The court held that embarkation services provided to a vessel constitute 'necessaries' under the Federal Maritime Lien Act, giving rise to a maritime lien, and that the contract for such services is maritime in nature, conferring admiralty jurisdiction.
• Greenman v. United States
  711 F. Supp. 1556· S.D. Fla.· 1989-04-26 ·cited 1×
  The court held that it lacked subject matter jurisdiction over the plaintiffs' claims for tax refunds for 1979 and 1980 because no administrative refund claims were filed with the IRS, which is a jurisdictional prerequisite.
• Williams Ex Rel. Williams v. United States
  608 F. Supp. 269· S.D. Fla.· 1985-04-09 ·cited 1×
  The court held that the United States was liable for the negligence of its employee, but that the adult plaintiff's negligence would reduce her recovery by 50%. The court also denied the plaintiffs' motion to amend their complaint to seek increased damages.
• Abe S. Toberoff v. Summerfield
  256 F.2d 91· 9th Cir.· 1958-05-08 ·cited 1×
  The court held that a district court order extending an administrative mail impounding order is invalid if not entered before the administrative order expires.
• Hidalgo Corp. v. J. Kugel Designs, Inc.
  509 F. Supp. 2d 1247· S.D. Fla.· 2007-05-23
  The court found that Defendants infringed upon Hidalgo's trademark by using the Hidalgo Mark in commerce without consent, likely causing confusion among consumers. The court also found that Defendants violated Section 43(a) of the Lanham Act by falsely designating the origin of g
• Lyons v. Jefferson Bank & Tr.
  994 F.2d 716· 10th Cir.· 1993-05-03
  The court held that arguments not properly preserved in the trial court are not preserved for appeal, even if the trial court discussed them 'in the interest of a complete record.' The court also held that statutory pre-judgment interest is available even when the defendant is an
• Est. OF Edgar A. Berg v. Commissioner OF Internal Revenue
  976 F.2d 1163· 8th Cir.· 1992-10-05
  The court affirmed the Tax Court's determination of the estate tax deficiency based on stock valuation discounts but reversed the imposition of the section 6660 addition to tax.