Judicial Admission

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

• Pope v. United States
  372 F.2d 710· 8th Cir.· 1967-02-13 ·cited 192×
  The court's concurrence suggests that the denial of allocution in capital cases, as applied in this instance, may be an anachronistic outgrowth of historical legislation concerning punishment for willful murder.
• The Fleischmann Distilling Corp. v. Maier Brewing Co.
  314 F.2d 149· 9th Cir.· 1963-02-12 ·cited 114×
  The court held that the use of the name "Black & White" on beer is likely to cause confusion with the well-known "Black & White" Scotch whisky, constituting trademark infringement under the Lanham Act.
• Janich Bros., Inc. v. The Am. Distilling Co.
  570 F.2d 848· 9th Cir.· 1977-12-14 ·cited 112×
  The court affirmed the directed verdict on the attempt to monopolize claim, finding insufficient evidence of predatory conduct and that hearsay evidence of specific intent was properly excluded.
• United States v. Cravero
  530 F.2d 666· 5th Cir.· 1976-04-23 ·cited 74×
  The government may appeal a post-verdict judgment of acquittal, and the jury, not the judge, is the arbiter of witness credibility, even for a witness with a history of perjury and criminal activity.
• United States v. Brickey
  426 F.2d 680· 8th Cir.· 1970-04-24 ·cited 72×
  The court held that the defendant's conviction for mail fraud was supported by sufficient evidence, and that the trial court did not err in its rulings on jury selection, evidentiary matters, or the admission of testimony.
• Sanitary Milk Producers v. Bergjans Farm Dairy
  368 F.2d 679· 8th Cir.· 1966-11-10 ·cited 65×
  The court held that evidentiary rulings, standing of two plaintiffs, and jury instructions did not constitute reversible error, affirming the lower court's judgment.
• Wyman Hulan Parr v. United States
  255 F.2d 86· 5th Cir.· 1958-05-12 ·cited 65×
  The court held that admitting film evidence over a stipulation, admitting evidence of pre-statute conduct, and conducting a contempt hearing for a witness in the jury's presence were not reversible errors.
• Edmonds v. United States
  273 F.2d 108· D.C. Cir.· 1959-12-10 ·cited 64×
  The court held that the trial court did not err in admitting the defendant's oral statement, his prior trial testimony, or in its jury instructions on flight and sanity. The court also rejected the defendant's double jeopardy claim.
• Michael Moses Schneider also known as Nguyen Phi Khanh v. Lockheed Aircraft Corp.
  658 F.2d 835· D.C. Cir.· 1981-06-17 ·cited 60×
  The admission of a statement made by Lockheed's counsel during a hearing on third-party claims as an evidentiary admission of injury in the main action was prejudicial error requiring reversal and new trials in Schneider and Marchetti.
• Rowe Int'l, Inc. v. J-B Enters., Inc.
  647 F.2d 830· 8th Cir.· 1981-05-06 ·cited 58×
  The court held that the trial court did not err in denying J-B's motion for a directed verdict, refusing to instruct the jury on fraudulent misrepresentation, and in its handling of jury instructions and verdicts, affirming the judgment for Rowe.
• O/Y Finlayson-Forssa A/B v. PAN Atl. S.S. Corp.
  259 F.2d 11· 5th Cir.· 1958-08-01 ·cited 58×
  The court held that the S.S. Antinous was proceeding at an immoderate speed in fog, violating a statutory duty, and thus was at fault for the collision.
• Glick v. White Motor Co.
  458 F.2d 1287· 3d Cir.· 1972-04-20 ·cited 56×
  A party who assumes another party's position and judgment identity to prosecute an appeal cannot claim greater rights than the original party, and is bound by the original party's trial conduct and admissions.
• Ramming Real Est. Co. v. United States
  122 F.2d 892· 8th Cir.· 1941-10-13 ·cited 44×
  The court held that the trial court did not err in excluding the declaration of taking as a judicial admission, limiting cross-examination on remote rental history, and admitting testimony on comparable sales, and that the jury verdict was supported by substantial evidence.
• Darel K. Hardin v. Manitowoc-Forsythe Corp.
  691 F.2d 449· 10th Cir.· 1982-10-05 ·cited 42×
  The court held that while Kansas law permits comparison of fault with 'phantom parties' in strict liability cases, the trial court abused its discretion by including Lummus Company as a phantom party without sufficient evidence or fair opportunity for the plaintiff to defend. How
• United States v. Foster
  131 F.2d 3· 8th Cir.· 1942-11-04 ·cited 42×
  The court held that the trial court erred in admitting evidence of prices paid by the government for other nearby lands and in admitting the declarations of taking which stated the compensation had been 'ascertained' by the Secretary of War.
• United States v. Harris
  903 F.2d 770· 10th Cir.· 1990-05-16 ·cited 38×
  The court affirmed the conviction, forfeiture, and sentence, finding no error in the Travel Act violation evidence, search warrant validity, expert testimony, admission of evidence, or sentencing.
• Hill v. Fed. Trade Comm'n
  124 F.2d 104· 5th Cir.· 1941-12-23 ·cited 35×
  The court held that the Federal Trade Commission's cease and desist order was valid and properly issued based on the respondents' admissions, and that the modifications sought by the petitioners were not warranted.
• Airco Indus. Gases v. The Teamsters Health & Welf. Pension Fund OF Philadelphia & Vicinity
  850 F.2d 1028· 3d Cir.· 1988-06-30 ·cited 34×
  The court held that the district court's factual finding regarding the refund policy was clearly erroneous due to a disregarded admission, requiring vacation of the refund award. The court affirmed the denial of interest and attorneys' fees.
• In re Harlan Charles Raiford v. Abney-Appellee
  695 F.2d 521· 11th Cir.· 1983-01-10 ·cited 34×
  A debtor's guilty plea to a bankruptcy crime is conclusive for the purpose of denying a discharge in bankruptcy, as it establishes the necessary elements under 11 U.S.C.A. § 727(a)(4)(A).
• Jameson Cooper v. Meridian Yachts, Ltd.
  575 F.3d 1151· 11th Cir.· 2009-07-21 ·cited 33×
  A captain injured by a defective foodlift on a yacht settled his personal injury claim, and the vessel owner and other parties sought indemnity and contribution from the Dutch shipbuilder and designer. The Eleventh Circuit held that the shipbuilding agreement's Dutch choice-of-la
• Hines v. Trager Constr. Co., Inc.
  188 So. 2d 826· Fla. 1st DCA· 1966-07-14 ·cited 33×
  In this tort action arising from a child's death at a construction site, the plaintiff appealed a jury verdict in favor of the contractor, seeking to introduce the defendant's cross-claim against a dismissed codefendant as an admission of facts. The court held that pleadings cont
• Nichols v. Barwick
  792 F.2d 1520· 11th Cir.· 1986-07-07 ·cited 31×
  The court held that plaintiff's claims for negligence, unseaworthiness, and products liability failed due to lack of causation, and his maintenance claim was properly dismissed for failure to prove incurred expenses.
• Best Canvas Prods. & Supplies, Inc. v. Ploof Truck Lines, Inc.
  713 F.2d 618· 11th Cir.· 1983-08-29 ·cited 31×
  The court held that the district court did not abuse its discretion in denying Ploof's motion to amend its counterclaim and in granting summary judgment for Norton.
• Lambert v. Nationwide Mut. Fire Ins. Co.
  456 So. 2d 517· Fla. 1st DCA· 1984-09-13 ·cited 30×
  Larry Lambert, as representative of his deceased parents' estate, appealed a summary judgment in favor of Nationwide Mutual Fire Insurance Company in an underinsured motorist coverage dispute. The court held that Lambert was estopped from claiming only one of three alleged tortfe
• Pinkowski v. Sherman Hotel
  313 F.2d 190· 7th Cir.· 1963-01-28 ·cited 30×
  The court held that the evidence presented was sufficient to warrant submission to a jury on the issue of liability, and the trial court erred in granting judgment for the defendant.
• Scott v. Commissioner OF Internal Revenue (two cases)
  117 F.2d 36· 8th Cir.· 1941-01-31 ·cited 30×
  The court held that petitioners were liable as transferees for the corporation's tax deficiency because the corporation was rendered insolvent by the asset distribution, and their motions to reopen were properly denied.
• Backar v. W. States Producing Co. (now Hytech Energy Corporation) & Wayman W. Buchanan
  547 F.2d 876· 5th Cir.· 1977-02-24 ·cited 29×
  The court held that proceeds from nonrecourse notes were not 'moneys invested' under the commission contract, and that New York's real estate licensing statute did not bar the finder's fee claim because oil and gas leases are personal property under New York law.
• Samish v. United States
  223 F.2d 358· 9th Cir.· 1955-05-20 ·cited 29×
  The court held that the defendant's own testimony largely admitted to receiving taxable income, and any errors in the trial were harmless given the overwhelming evidence.
• Ercoli v. United States
  D.D.C.· 1942-11-09 ·cited 28×
  Statements made by the appellant to police officers were properly received in evidence because they were admissions, not confessions, and were sufficiently corroborated by other evidence and the appellant's own testimony.
• State Farm Mut. Auto. Ins. Co. v. Worthington
  405 F.2d 683· 8th Cir.· 1968-12-13 ·cited 26×
  A guilty plea to a criminal charge, while admissible as an admission against interest in a subsequent civil proceeding, is not conclusive and may be explained by the defendant.
• NEW Amsterdam Cas. Co. v. Waller
  323 F.2d 20· 4th Cir.· 1963-09-16 ·cited 26×
• White v. Arco/Polymers, Inc.
  720 F.2d 1391· 5th Cir.· 1983-12-12 ·cited 25×
  The court held that the district court clearly erred in finding the employee was non-probationary, as there was insufficient evidence to support this finding. The court also found the union did not breach its duty of fair representation.
• Arrington v. State
  233 So. 2d 634· Fla.· 1970-04-01 ·cited 23×
  Marie Dean Arrington was convicted of first-degree murder without mercy recommendation for the 1968 killing of Vivian June Ritter, a Public Defender's secretary in Lake County, Florida. On appeal, the Florida Supreme Court rejected Arrington's challenge to the trial court's handl
• Ross v. Houston Indep. Sch. Dist.
  559 F.2d 937· 5th Cir.· 1977-09-08 ·cited 22×
  The court held that the district court improperly construed the 1973 injunction as expired and improperly invoked abstention, as the creation of a new school district must be assessed for its impact on ongoing desegregation.
• United States v. Freeman
  519 F.2d 67· 9th Cir.· 1975-07-22 ·cited 22×
  The court held that while an attorney's testimony regarding notice to their client is not privileged, statements made by the attorney to the court about relaying that notice constitute inadmissible hearsay when offered to prove the truth of the matter asserted.
• Davis v. A.G. Edwards & Sons, Inc.
  823 F.2d 105· 5th Cir.· 1987-07-30 ·cited 21×
  The court held that the Securities Act claim was time-barred due to the statute of limitations, but the RICO claim was timely filed under the newly established four-year federal limitations period. The court also affirmed the denial of Rule 11 sanctions.
• Citizens Prop. Ins. Corp. v. Ashe
  50 So. 3d 645· Fla. 1st DCA· 2010-11-17 ·cited 20×
  Citizens Property Insurance appeals a judgment requiring it to pay Ashe $109,729.48 for wind damage to his home destroyed by Hurricane Ivan. The court reversed the trial court's erroneous application of the "Other Insurance" clause and remanded for new trial, holding that the cla
• Wheeler v. John Deere Co.
  935 F.2d 1090· 10th Cir.· 1991-05-16 ·cited 20×
  The court affirmed the district court's judgment, holding that the prior reversal invalidated the first jury's damages award and that post-judgment interest correctly began from the second judgment date. The court also upheld the denial of Deere's motion to withdraw a stipulation
• Ferguson v. Neighborhood Hous. Servs. OF Cleveland, Inc.
  780 F.2d 549· 6th Cir.· 1986-01-03 ·cited 20×
  The dissenting judge believes the majority erred in its analysis of subject matter jurisdiction and the application of FLSA standards.
• Giannone v. United States Steel Corp. (Defendant) & Philadelphia Elec. Co. (Third-Party
  238 F.2d 544· 3d Cir.· 1956-11-14 ·cited 20×
  The court held that the trial court did not err in dismissing the actions, as the plaintiffs failed to prove negligence and the doctrine of res ipsa loquitur was inapplicable. Furthermore, the excluded portions of the third-party complaint did not constitute admissions of the def
• United States v. Powers
  467 F.2d 1089· 7th Cir.· 1972-09-12 ·cited 18×
  The court held that the trial court did not err in refusing to give effect to the Government's allegedly inconsistent positions in a prior trial, nor in excluding certain defense testimony, nor in its handling of a prosecutor's question about bar complaints.
• United States v. Adams
  422 F.2d 515· 10th Cir.· 1970-01-14 ·cited 18×
  The court held that even if the arrest and search were illegal, the conviction stands because the defendants judicially admitted key elements of the offense and waived any objection to the admission of evidence derived from the search.
• Am. Title Ins. Co. v. Lacelaw Corp.
  861 F.2d 224· 9th Cir.· 1988-11-09 ·cited 17×
  The court held that the district court did not abuse its discretion in refusing to treat a statement in a trial brief as a binding judicial admission and did not clearly err in its findings of fact.
• Whatley v. Armstrong World Indus., Inc.
  861 F.2d 837· 5th Cir.· 1988-12-15 ·cited 16×
  The majority's reallocation of liability shares for settling co-defendants invades the province of the jury and is not justified by precedent.
• Lockette v. Greyhound Lines, Inc.
  817 F.2d 1182· 5th Cir.· 1987-05-29 ·cited 16×
  An attorney's authority to settle a client's case can be revoked by the client prior to the consummation of the settlement, even if the attorney later announces settlement in court.
• In re Christian & Porter Aluminum Co. v. DeWayne F. Titus
  584 F.2d 326· 9th Cir.· 1978-10-17 ·cited 16×
  Corporate appellants suspended for non-payment of California franchise taxes lack the capacity to appeal. The bankruptcy court had summary jurisdiction due to a valid settlement agreement consenting to it.
• Stoetzel v. Cont'l Textile Corp. OF Am.
  768 F.2d 217· 8th Cir.· 1985-07-15 ·cited 14×
  The court held that sufficient evidence supported the jury's finding of a two-year employment contract, and affirmed the trial court's decision to remove the contract from the Statute of Frauds. The court also found the jury instructions adequate and affirmed the dismissal of pun
• United States v. Ada Marie Davis
  493 F.2d 502· 5th Cir.· 1974-05-01 ·cited 14×
  A voluntary guilty plea is a judicial admission of factual averments, but the court must still ensure a factual basis for the plea exists on the record.
• United States v. Crotinger
  928 F.2d 203· 6th Cir.· 1991-03-15 ·cited 13×
  The court held that the warrantless search of the vehicle and its contents was justified by probable cause, and the traffic stop was not pretextual.
• Luzinski v. Peabody & Arnold LLP (In Re Gosman)
  382 B.R. 826· S.D. Fla.· 2007-12-13 ·cited 12×
  The court affirmed the bankruptcy court's dismissal of the malpractice claim, holding that the in pari delicto doctrine barred the trustee's action because the debtor's intentional fraud was at least as culpable as the law firm's alleged negligence. The court also found the trust