Imputed Knowledge

380 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• The Mountain States Tel. & Tel. Co. v. Occupational Safety & Health Review Comm'n & Ray Marshall
  623 F.2d 155· 10th Cir.· 1980-06-23 ·cited 10×
  The Commission acted arbitrarily by improperly shifting the burden of proof to the employer to demonstrate the unpreventability of a supervisory employee's own violation of a safety standard.
• Doric Food Co. & Fireman's Fund Ins. Co. v. Elza Rayford Allen
  383 So. 2d 316· Fla. 1st DCA· 1980-05-13 ·cited 10×
  Doric Food Company and Fireman's Fund Insurance Company appealed a workers' compensation award to an employee who made false representations about his medical history on his employment application. The court reversed, holding that the employer adequately demonstrated all elements
• Delchamps, Inc. v. Nat'l Labor Relations Bd.
  585 F.2d 91· 5th Cir.· 1978-11-27 ·cited 10×
  The court held that the employer's surveillance and threats violated the NLRA, but the discharge of an employee was not proven to be unlawfully motivated by union activity.
• Gray v. Martindale Lumber Co.
  515 F.2d 1218· 5th Cir.· 1975-07-18 ·cited 10×
  The court held that the district judge erred in instructing the jury that the employer's knowledge of danger must be imputed to the employee, as this improperly directed a verdict for the defendants.
• Ryan-Appellant v. Rolland
  434 F.2d 353· 10th Cir.· 1970-11-06 ·cited 10×
  The court held that the secured party's lien continued in the collateral despite the debtor's transfer of the collateral to a corporation, as the transfer was not authorized by the secured party and the secured party lacked notice.
• Imperial Cas. & Indem. Co. v. Carolina Cas. Ins. Co.
  402 F.2d 41· 8th Cir.· 1968-10-30 ·cited 10×
  An insurance company is estopped from asserting an exclusionary clause when its agent's negligence in issuing a defective policy leads to a loss, even if the clause would otherwise deny coverage.
• Brown v. Cahill
  157 So. 2d 871· Fla. 3d DCA· 1963-07-02 ·cited 10×
  Virginia Brown purchased what she believed was a new Volkswagen from Mayfair Imported Motors, financed through Associates Discount Corporation, but discovered the car was actually a used vehicle that had been previously sold, wrecked, repossessed, and resold by Associates. The tr
• Lumbermens Mut. Ins. Co. v. Bowman
  313 F.2d 381· 10th Cir.· 1963-01-10 ·cited 10×
  The court held that the insurance agent had actual and apparent authority to bind the insurer to a renewal contract of fire insurance, and that notice of a change in ownership to the agent was binding on the insurer.
• United States v. Willoughby
  250 F.2d 524· 9th Cir.· 1957-12-02 ·cited 10×
  The United States Veterans Administration's Insurance Service is legally justified in relying on an applicant's representations for insurance reinstatement and is not bound or estopped by its failure to examine other agency files, even if the applicant committed fraud.
• Hartford Accident & Indem. Co. & Hartford Fire Ins. Co. v. Nw. Nat'l Bank OF Chicago
  228 F.2d 391· 7th Cir.· 1955-12-20 ·cited 10×
  The court held that genuine issues of material fact existed regarding the agent's knowledge of the car's ownership and whether the alleged misrepresentation was fraudulent, precluding summary judgment.
• Heagney v. Brooklyn E. Dist. Terminal
  190 F.2d 976· 2d Cir.· 1951-07-30 ·cited 10×
  The dissenting judge argues that partial awards, even if paid, do not constitute a full compromise or release of federal statutory claims, as a final award is required under New York law.
• Cochran v. Order of United Commercial Travelers of Am.
  143 F.2d 82· 10th Cir.· 1944-05-25 ·cited 10×
  The insurer is estopped from claiming forfeiture of the policy due to the beneficiary's failure to provide 72-hour notice of the autopsy, as the local secretary acted as an agent for communication and the insurer suffered no detriment.
• Murphy v. State
  24 So. 3d 1220· Fla. 2d DCA· 2009-12-30 ·cited 9×
  Michael Murphy appeals the summary denial of his Rule 3.850 postconviction relief motion challenging his 1996 murder conviction based on newly discovered evidence that comparative bullet-lead analysis—the FBI forensic technique used to convict him—was scientifically unreliable an
• Orrick Wilson v. State
  789 So. 2d 1127· Fla. 2d DCA· 2001-06-27 ·cited 9×
  Orrick Wilson was convicted by jury of cocaine possession and sale based on identification by undercover officer. The Florida appellate court reversed and remanded for new trial because the trial court's analysis of a discovery violation—the State's failure to timely disclose the
• Georgia-Pacific Corp. v. Great Plains BAG Co.
  614 F.2d 757· C.C.P.A.· 1980-01-24 ·cited 9×
  The court held that Georgia-Pacific is estopped from asserting a likelihood of confusion due to laches, and that the marks are not confusingly similar when applied to their respective goods.
• Thomas v. Fernando Lopez, M.D.
  982 So. 2d 64· Fla. 5th DCA· 2008-04-18 ·cited 8×
  Sarah Thomas, as plenary guardian of her adult daughter Tammy, appealed a summary judgment dismissing a medical malpractice claim as time-barred. The court reversed, holding that the statute of limitations did not commence until Thomas was appointed guardian, because an incapacit
• Martin v. Commercial Union Ins. Co.
  935 F.2d 235· 11th Cir.· 1991-07-09 ·cited 8×
  Commercial Union cannot recover PIP benefits from Martin's settlement proceeds because it failed to provide notice of its subrogation claim to the tortfeasor's insurer. However, Commercial Union may pursue its subrogation claim against Maryland Casualty.
• Kraft Dairy Grp. & Ideal Mut. Ins. Co. v. Sorge
  509 So. 2d 1156· Fla. 1st DCA· 1987-06-17 ·cited 8×
  In a workers' compensation appeal, the court affirmed an award of attendant care including ordinary household services provided by the claimant's spouse. The court held that when an industrial injury necessitates additional services beyond usual routine, compensation for nonprofe
• McFADDEN v. D.A. Garraghty
  820 F.2d 654· 4th Cir.· 1987-06-08 ·cited 8×
  The court held that breaks in custody, changes in interrogation location and interrogators, and proper Miranda warnings vitiated an initial violation of the Edwards rule, and that subsequent confessions were voluntary.
• Nannette B. Davis v. USX Corp.
  819 F.2d 1270· 4th Cir.· 1987-06-03 ·cited 8×
  The court held that the district court abused its discretion by denying the plaintiff's motion for voluntary dismissal without prejudice based on conditions that unfairly prejudiced the plaintiff's right to pursue state law claims in state court.
• Local Joint Executive Bd. OF LAS Vegas v. Riverboat Casino, Inc.
  817 F.2d 524· 9th Cir.· 1987-05-14 ·cited 8×
  The court held that arbitrators did not exceed their authority by finding a strike settlement agreement based on acceptance by silence and conduct, and that their interpretation of contract law and facts was not grounds for vacating the award.
• Nannette B. Davis v. United States Steel Corp. & its Div.
  779 F.2d 209· 4th Cir.· 1985-12-12 ·cited 8×
  The court should permit a jury to determine if United States Steel is vicariously liable for a supervisor's sexual harassment that occurred before his superior was aware of the misconduct.
• Reg'l Props., Inc. v. Fin. & Real Est. Consulting Co. & David Goldner
  752 F.2d 178· 5th Cir.· 1985-02-07 ·cited 8×
  The court held that the broker's equitable defenses were barred by the doctrine of unclean hands, and the motion to admit newly discovered evidence was untimely.
• Peel v. Am. Fid. Assurance Co.
  680 F.2d 374· 5th Cir.· 1982-07-12 ·cited 8×
  The court held that the Mississippi Education Association acted as the insured's agent, imputing knowledge of policy amendments and that punitive and extra-contractual damages were not supported by the evidence.
• Marvirazon Compania Naviera, S.A. v. H. J. Baker & Bros., Inc.
  674 F.2d 364· 5th Cir.· 1982-04-26 ·cited 8×
  The court held that the stevedore's tariff limitation of liability did not apply because the charterer's agent lacked authority to bind the vessel owner. It also remanded for further findings on damages for vessel detention.
• Marshall v. The H. K. Ferguson Co.
  623 F.2d 882· 4th Cir.· 1980-05-05 ·cited 8×
  The court held that the danger was not so open and obvious as to preclude the duty to warn, and that the knowledge of a third party does not necessarily relieve the manufacturer of this duty.
• Apex OIL Co. v. United States
  530 F.2d 1291· 8th Cir.· 1976-03-08 ·cited 8×
  A corporation can be considered a 'person in charge' of its facilities under the Water Pollution Control Act, and the knowledge of its employees is imputed to the corporation for reporting requirements.
• Gray v. Martindale Lumber Co.
  527 F.2d 1352· 5th Cir.· 1976-03-05 ·cited 8×
  The court held that the Delhi-Taylor doctrine, which imputes an employer's knowledge of a danger to an employee, should not be applied to a case where the injury occurred away from the defendant's property and was caused by the defendant's alleged negligent act during loading, ra
• Petition of Sumner A. Long
  439 F.2d 109· 2d Cir.· 1971-03-03 ·cited 8×
  The court held that the charterer and agent failed to prove the vessel's seaworthiness and were not entitled to exoneration or limitation of liability due to overloading, which was a substantial cause of the disaster and known to them.
• J. A. Jones Constr. Co. v. Englert Eng'g Co.
  438 F.2d 3· 6th Cir.· 1971-01-12 ·cited 8×
  The court held that the trial court's findings of fact were supported by substantial evidence and not clearly erroneous, affirming the judgments for breach of contract and against the subcontractor.
• Henry v. United States
  424 F.2d 677· 5th Cir.· 1970-04-15 ·cited 8×
  An inactive partner without knowledge of fraud is not personally liable under the False Claims Act, but partnership assets are reachable, and common law fraud allows recovery of actual damages from the inactive partner.
• The Pierce v. Riverside Bank OF Jacksonville
  203 So. 2d 177· Fla. 1st DCA· 1967-10-17 ·cited 8×
  Pierce, Wulbern, a Florida broker, appeals a summary judgment awarding a replevin of stock certificates to Riverside Bank of Jacksonville. The court upheld the bank's right to possess the stock certificates that had been pledged as collateral for a loan used to purchase those sam
• Cont'l Cas. Co. v. United States
  337 F.2d 602· 1st Cir.· 1964-10-27 ·cited 8×
  The court held that the surety is bound by the knowledge of its agent, Nathan Baker, regarding the defendant's permission to leave the country, even though another agent executed the bond.
• S. Bell Tel. & Tel. Co. & Am. Tel. & Tel. Co. v. S. Precision Pattern Works, Inc.
  251 F.2d 537· 5th Cir.· 1958-01-03 ·cited 8×
  The court denied the petition for rehearing, finding no conflict between the prior case cited and its original decision.
• N.Y. & Cuba Mail S. S. Co. v. Cont'l Ins. Co. of City of N.Y.
  117 F.2d 404· 2d Cir.· 1941-01-27 ·cited 8×
  The court held that the libellant's losses were due to its actual fault or privity, specifically the neglect of its managing officers, and therefore were not covered by the insurance policy.
• Gloria A. Ospina, D.D.S., P.A. v. Sec. Nat'l Ins. Co.
  739 So. 2d 633· Fla. 3d DCA· 1999-06-30 ·cited 7×
• Gibson v. Buice
  394 So. 2d 451· Fla. 5th DCA· 1981-02-04 ·cited 7×
  Appellants Gibson challenged a judgment granting appellees Buice and Cheezem a prescriptive easement over 20 feet of the Gibsons' land. The appellate court reversed, finding that the appellees failed to establish the elements necessary for a prescriptive easement, particularly be
• United States ex rel. David P. Weinberger v. State
  615 F.2d 1370· 5th Cir.· 1980-04-28 ·cited 7×
  The court held that the district court lacked subject matter jurisdiction because the suit was based on information the United States already possessed, thus triggering the jurisdictional bar of 31 U.S.C. § 232(C).
• The United States v. Sommer Corp.
  580 F.2d 179· 5th Cir.· 1978-09-18 ·cited 7×
  A general contractor is liable under the Miller Act for unpaid materials supplied to a subcontractor, and a bank is not liable for misapplying funds when it follows the instructions of the subcontractor's employee, especially when check notations are ambiguous.
• Nerbonne, N.V. v. Lake Bryan Int'l Props.
  685 So. 2d 1029· Fla. 5th DCA· 1997-01-10 ·cited 6×
  Nerbonne appealed a summary judgment dismissing its third-party fraud claims against Figueredo, Waters, and their corporations in a mortgage foreclosure action. The court reversed, holding that knowledge of the alleged fraud could not be imputed to Nerbonne from its agents who we
• Awilda Vega and Justino Vega, Jr. v. Indep. Fire Ins. Co.
  651 So. 2d 743· Fla. 5th DCA· 1995-03-03 ·cited 6×
  The Fifth District Court of Appeal affirmed a trial court's refusal to give a jury instruction that would have imposed on an insurance company the obligation to pursue a diligent investigation and be charged with all knowledge such investigation might have revealed. The court rej
• McINTOSH v. L.H. Hough
  601 So. 2d 1170· Fla.· 1992-05-28 ·cited 6×
  The Florida Supreme Court held that innocent purchasers of property who acquired title in reliance on a fraudulent conveyance may assert an unclean hands defense against the fraudulent grantor seeking to quiet title, even though they were not the original targets of the fraud. Th
• Cook v. The Proctor & Gamble Cellulose Co.
  599 So. 2d 688· Fla. 1st DCA· 1992-05-08 ·cited 6×
  Barry Cook and Samuel Rives appealed a summary judgment awarded to Proctor & Gamble Cellulose Company in a prescriptive easement dispute. The court reversed the summary judgment in Proctor & Gamble's favor because material factual disputes existed regarding whether the company's
• Myron ASH v. Georgia-Pacific Corp.
  957 F.2d 432· 7th Cir.· 1992-03-03 ·cited 6×
  A plaintiff who accepts a remittitur in lieu of a new trial cannot appeal the judgment, but can appeal subsequent rulings like the denial of prejudgment interest.
• CTC Imports and Exports v. Nigerian Petroleum Corp.
  951 F.2d 573· 3d Cir.· 1991-12-19 ·cited 6×
  The court held that Aham was not a proper appellant, Tache's appeal from the denial of his reconsideration motion should be granted, and CTC's sanctions were proper.
• MY PIE Int'l, Inc. v. Debould, Inc.
  687 F.2d 919· 7th Cir.· 1982-08-17 ·cited 6×
  The court held that the franchisees were estopped from asserting a violation of the Illinois Franchise Disclosure Act, and the exemption obtained was valid for the transaction.
• Droeger v. Welsh Sporting Goods Corp.
  541 F.2d 790· 9th Cir.· 1976-06-08 ·cited 6×
  The court held that the jury instruction improperly imputed an agent's knowledge of a trade secret to the principal, preventing the jury from considering the defense of independent invention.
• Funk v. Ward Tifft
  515 F.2d 23· 9th Cir.· 1975-05-28 ·cited 6×
  A licensed real estate broker owes a fiduciary duty to a prospective buyer not to purchase property for themselves while the buyer's offer is pending.
• Ocrant v. Dean Witter & Co., Inc.
  502 F.2d 854· 10th Cir.· 1974-09-18 ·cited 6×
  The court held that the plaintiff's extensive delay in objecting to unauthorized stock transactions, coupled with her reliance on her husband as her agent and his imputed knowledge, barred her claim against the brokerage firm.
• Palatka Fed. Sav. & Loan Ass'n v. Raczkowski
  263 So. 2d 842· Fla. 1st DCA· 1972-07-13 ·cited 6×
  Palatka Federal Savings and Loan Association appealed a judgment that estopped it from foreclosing a mortgage on property purchased by the Burneys from a third party. The court reversed, holding that the essential elements of equitable estoppel were not satisfied because the savi