Judicial Admission

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

• Gray v. Commissioner OF Internal Revenue
  708 F.2d 243· 6th Cir.· 1983-06-06 ·cited 12×
  A taxpayer's guilty plea to tax fraud charges precludes them from contesting liability for fraud penalties in subsequent civil proceedings.
• Mayfrey Mays v. Dealers Transit, Inc.
  441 F.2d 1344· 7th Cir.· 1971-03-09 ·cited 12×
  The court held that the trial court did not err in instructing the jury on contributory negligence and the seat belt defense, as there was sufficient evidence to present these issues to the jury under Indiana law.
• Andrews v. ST. Louis Joint Stock Land Bank of ST. Louis
  127 F.2d 799· 8th Cir.· 1942-04-27 ·cited 12×
  The court held that bonds issued by the St. Louis Bank in exchange for bonds of other banks should be treated as St. Louis bonds for distribution purposes, and that Greenville bondholders were entitled to a lien on converted assets derived from Greenville mortgages.
• Church v. Colling (In re Aldersgate Found.
  M.D. Fla.· 1988-06-29 ·cited 10×
  The court held that the bankruptcy court did not err in distributing forfeited earnest money deposits according to the Surcharge Formula, as this was a matter of equitable discretion.
• Holley Equip. Co. v. Credit Alliance Corp.
  821 F.2d 1531· 11th Cir.· 1987-07-20 ·cited 10×
  The court held that the district court erred in dismissing the action for lack of subject matter jurisdiction and in granting summary judgment on the innocent misrepresentation claim, but correctly granted summary judgment on the breach of contract and punitive damages fraud clai
• Bellefonte RE Ins. Co. v. Argonaut Ins. Co.
  757 F.2d 523· 2d Cir.· 1985-03-18 ·cited 10×
  Settlement agreements, even if procured by fraud, bar claims for rescission based on that fraud, and covenants not to sue do not entitle a party to damages for good faith litigation testing the covenant's scope.
• Lutsch v. Smith
  397 So. 2d 337· Fla. 1st DCA· 1981-04-07 ·cited 10×
  Robert Lutsch appeals a judgment awarding damages to unregistered real estate brokers for failure to pay commission on a business property sale. The court affirmed the damages award but reversed as to whether Mrs. Lutsch should also be held liable as a partner in the business.
• William and Charlene Adams v. Merrill Lynch
  392 So. 2d 4· Fla. 4th DCA· 1980-09-10 ·cited 10×
  Charlene Adams appealed a judgment in favor of Merrill Lynch on a commodities account claim. The court reversed, finding that the trial court improperly admitted Adams' initial pleadings as evidence to establish her connection to the account, when her later amended pleadings and
• Bankruptcy v. Trautwein
  624 F.2d 666· 5th Cir.· 1980-08-21 ·cited 10×
  The court held that the trial judge erred in granting judgment notwithstanding the verdict because substantial evidence supported the jury's finding of fair consideration for the transfers.
• Karikas v. United States
  296 F.2d 434· D.C. Cir.· 1961-11-09 ·cited 10×
  The court held that the trial judge did not abuse his discretion in denying a motion for a mental examination of a key witness, nor were other alleged errors prejudicial enough to warrant reversal.
• Donohue v. State
  925 So. 2d 1163· Fla. 4th DCA· 2006-04-26 ·cited 9×
  Daniel Donohue appeals his conviction and sentence for indecent assault. The court affirmed his conviction but remanded for resentencing because the trial court improperly imposed an upward departure based on aggravating circumstances (victim vulnerability) that were neither foun
• Micromedia v. Automated Broadcast Controls
  799 F.2d 230· 5th Cir.· 1986-09-12 ·cited 8×
  The court held that it had personal jurisdiction over the appellant and that the statute of frauds barred recovery on the System 80 contract, but remanded for a new trial on damages for the interim system, allowing ABC to recover the purchase price.
• ST. Louis Testing Labs., Inc. v. Miss. Valley Structural Steel Co.
  375 F.2d 565· 8th Cir.· 1967-04-10 ·cited 8×
  The court held that the trial court's finding of reasonable value for additional inspections was supported by substantial evidence and not clearly erroneous.
• Grover J. Gibbs v. Randolph
  250 F.2d 41· 5th Cir.· 1957-12-05 ·cited 8×
  The court held that a stipulation of facts allowing credit for payment from another tortfeasor was permissible, even if not affirmatively pleaded, as it effectively amended the pleadings.
• Maguire v. Fed. Crop Ins. Corp.
  181 F.2d 320· 5th Cir.· 1950-04-08 ·cited 8×
  The court held that the exclusion of plaintiff's rebuttal evidence regarding differences between her land and an adjoining farm was prejudicial error requiring reversal.
• Morales v. Dep't OF THE Army & the United States
  947 F.2d 766· 5th Cir.· 1991-11-22 ·cited 6×
  The Civil Service Reform Act (CSRA) and collective bargaining agreement provide the exclusive remedy for federal employees' claims arising from their employment relationship, precluding FTCA and constitutional claims.
• United States v. Bentson
  947 F.2d 1353· 9th Cir.· 1991-10-16 ·cited 6×
  The court held that the defendant's arguments regarding the Paperwork Reduction Act and Administrative Procedure Act lacked merit, and that a judicial admission by his counsel precluded his claim of insufficient proof of failure to file valid returns.
• Mo. Hous. Dev. Comm'n v. Brice
  919 F.2d 1306· 8th Cir.· 1990-11-26 ·cited 6×
  The court held that the district court erred in denying the defendant's motion to amend his answer to assert a forgery defense.
• King v. Armstrong World Indus., Inc.
  906 F.2d 1022· 5th Cir.· 1990-07-12 ·cited 6×
  The court affirmed the judgment, holding that evidentiary rulings were proper, causation apportionment was supported by evidence, and punitive damages were permissible.
• Pantone, Inc. v. Esselte Letraset, Ltd.
  878 F.2d 601· 2d Cir.· 1989-06-28 ·cited 6×
  The court held that the term "products generally recognized as commercial artist supplies" in the 1972 agreements was not limited to the definition of GAM and that Pantone could license its mark on new commercial artist supplies after offering Letraset the right of first refusal.
• United States ex rel. Theodore Ross v. Franzen
  688 F.2d 1181· 7th Cir.· 1982-09-24 ·cited 6×
  The court held that the trial court's failure to submit a straight 'not guilty' verdict form to the jury violated the defendant's Sixth and Fourteenth Amendment rights to have a jury determine guilt beyond a reasonable doubt.
• Schiller v. Penn Cent. Transp. Co.
  509 F.2d 263· 6th Cir.· 1975-01-21 ·cited 6×
  The court held that the sidetrack agreement required both parties to equally bear the judgment because their joint and concurrent negligence proximately caused the plaintiff's injuries.
• Hicks v. United States
  486 F.2d 325· 10th Cir.· 1973-10-30 ·cited 6×
  The court held that the District Court did not err in considering the fair market value of corporate real estate assets for stock valuation and in allowing a higher stock valuation than initially assessed, as the refund suit required redetermination of the entire estate tax liabi
• HUB Floral Corp. v. Royal Brass Corp. & Jacob Weinberg
  454 F.2d 1226· 2d Cir.· 1972-01-24 ·cited 6×
  The court held that using samples and photographs to solicit orders does not constitute publication of a copyrighted work, and a statement by counsel in a memorandum is not a binding judicial admission if corrected by an affidavit from an officer with personal knowledge.
• McNAMARA v. Lincoln T. Miller, Sr.
  269 F.2d 511· D.C. Cir.· 1959-05-21 ·cited 6×
  A waiver of the right to file a caveat to a will is not binding unless supported by consideration, estoppel, or a judicial admission, and the mere signing of a consent form that includes such a waiver, without adequate warning of its import, does not automatically constitute a bi
• Heloyne Dos Santos v. General
  982 F.3d 1315· 11th Cir.· 2020-12-11 ·cited 5×
  An alien is bound by their attorney's concession of removability unless 'egregious circumstances' are shown, which requires the concession to be untrue or incorrect and also lead to an unjust result or be the product of unreasonable professional judgment.
• Chick-Fil-A, Inc. v. Cft Dev., LLC
  652 F. Supp. 2d 1252· M.D. Fla.· 2009-09-03 ·cited 5×
  The court held that the restrictive covenant prohibiting quick-service restaurants deriving 25% or more of gross sales from chicken is enforceable against Panda Express.
• United States v. Belculfine
  527 F.2d 941· 1st Cir.· 1975-12-30 ·cited 5×
  The court held that the district court did not err in finding that the postal inspectors did not make a misstatement in their affidavit, and that prior statements did not constitute binding judicial admissions.
• Panaview Door & Window Co. v. Reynolds Metals Co.
  255 F.2d 920· 9th Cir.· 1958-02-21 ·cited 5×
  The court held that the contract documents did not contain a promise for exclusive use of dies, and extrinsic evidence did not create an ambiguity requiring a different interpretation.
• Universal Am. Barge Corp. v. J-Chem, Inc.
  946 F.2d 1131· 5th Cir.· 1991-11-12 ·cited 4×
  The court held that collateral estoppel could not be applied against the fumigators because Universal's interests conflicted with theirs in the arbitration, preventing adequate representation. The court also found that Universal's arguments in arbitration regarding the cause of t
• Ahmad Ahghazali v. Sec'y OF Health & Human Servs.
  867 F.2d 921· 6th Cir.· 1989-02-10 ·cited 4×
  The court, in a concurring opinion, suggests remanding the case to the district court to determine if additional proof is needed for benefit entitlement.
• United States v. Wight
  839 F.2d 193· 4th Cir.· 1987-05-29 ·cited 4×
  The court held that while collateral estoppel applied to establish liability under 18 U.S.C. § 201(g), it did not preclude the defendant from challenging the specific damage amount awarded, as that amount was not an essential element of his prior guilty plea.
• Fernhoff v. Tahoe Reg'l Planning Agency
  803 F.2d 979· 9th Cir.· 1986-10-28 ·cited 4×
  The court held that the appellant's development project was not 'deemed approved' by the agency and that he could not proceed without the requisite permits, affirming the district court's grant of summary judgment.
• United States v. Godwin
  522 F.2d 1135· 4th Cir.· 1975-03-26 ·cited 4×
  The court held that a dismissed indictment does not constitute a binding judicial admission, and the admission of evidence to identify the stolen tractor was proper.
• Harrison Constr. Co. v. Ohio Tpk. Comm'n
  316 F.2d 174· 6th Cir.· 1963-04-16 ·cited 4×
  The court held that a party claiming damages due to a breach of contract must prove causation as part of its prima facie case, and that opening statement remarks do not constitute binding judicial admissions if not intended or accepted as such. The court also found that using a b
• Wilkins v. Orval O. Kendle
  287 F.2d 201· 8th Cir.· 1961-03-01 ·cited 4×
  The court held that binding oral employment contracts can be formed even if the parties intend to reduce them to writing later, and that the jury's verdict was supported by substantial evidence.
• Sec. & Exch. Comm'n v. Yun
  208 F. Supp. 2d 1279· M.D. Fla.· 2002-06-20 ·cited 3×
  The court held that the defendant's motion for a stay pending appeal is denied unless she secures a full supersedeas bond within ten days, and she is found in civil contempt for failing to comply with the prior judgment.
• Schott Motorcycle Supply, Inc. v. Am. Honda Motor Co., Inc.
  976 F.2d 58· 1st Cir.· 1992-09-28 ·cited 3×
  The court held that the plaintiff's claims for breach of contract, statutory violation, and fraud were properly dismissed. The plaintiff's allegations did not establish a breach of the written agreement, a violation of Maine statutory law, or actionable fraud.
• W. World Ins. Co. v. Stack OIL, Inc.
  922 F.2d 118· 2d Cir.· 1990-12-26 ·cited 3×
  The court held that the Total Pollution Exclusion endorsement was part of the insurance policy and precluded coverage for the insured's losses from a fuel oil spill, even if accidental.
• Postscript Enters. v. City OF Bridgeton
  905 F.2d 223· 8th Cir.· 1990-06-11 ·cited 3×
  The court held that Bridgeton Ordinance 87-14 is a valid content-neutral manner restriction on protected speech and that the city's admission regarding permit issuance mooted due process and prior restraint claims.
• Catawba Indian Tribe OF South Carolina v. State OF S.C.
  865 F.2d 1444· 4th Cir.· 1989-01-23 ·cited 3×
  The court held that the presumption of possession is rebuttable and was rebutted by the Catawbas' judicial admission of being out of possession for 140 years.
• Lopez-Reyes v. Immigr. & Naturalization Serv.
  694 F.2d 332· 5th Cir.· 1982-10-29 ·cited 3×
  The court held that the Board of Immigration Appeals (BIA) did not err in summarily dismissing the appeal because the appellant conceded deportability and the appeal was based on a judicial admission that he needed more time to secure funds for departure, which is a prerequisite
• Guenther v. The Armstrong Rubber Co.
  406 F.2d 1315· 3d Cir.· 1969-02-04 ·cited 3×
  A plaintiff is not bound by their own potentially mistaken testimony if other evidence contradicts it and supports their claim.
• Halifax Paving, Inc. v. United States Fire Ins.
  481 F. Supp. 2d 1331· M.D. Fla.· 2007-04-06 ·cited 2×
  The court held that the letter agreement between Halifax and VCC constituted payment for the invoices, and therefore U.S. Fire, as surety, was not liable on the payment bond for those amounts.
• United States v. James
  987 F.2d 648· 9th Cir.· 1993-03-08 ·cited 2×
  A conviction will not be reversed for failure to read a stipulation to the jury if the substance of the stipulation was otherwise conveyed to the jury and the issue was effectively removed from their consideration through judicial admissions by counsel.
• Campbell v. Campbell
  979 F.2d 1115· 5th Cir.· 1992-12-30 ·cited 2×
  The court held that the purchase order constituted a binding maritime contract, and the indemnity provision was enforceable under the LHWCA and Texas law, requiring Frank's to indemnify UTP and Sonat.
• Kulzer v. Pittsburgh-Corning Corp.
  942 F.2d 122· 2d Cir.· 1991-08-08 ·cited 2×
  The court held that the revival statute applies even if later asbestos exposure did not cause the injury, as long as some exposure occurred within three years of death.
• City Nat'l Bank & Tex. Bank v. United States
  907 F.2d 536· 5th Cir.· 1990-08-02 ·cited 2×
  The court held that substantial evidence supported the jury's finding that the FDIC breached its contract with the banks regarding the distribution of funds from the sale of PDI stock, but the jury's damages award was not supported by the evidence.
• Lucas v. Burnley
  879 F.2d 1240· 4th Cir.· 1989-07-24 ·cited 2×
  The court held that while the district court erred in finding the PWB certificate was not a requirement, the plaintiff failed to prove intentional discrimination, thus affirming the judgment for the employer.
• United States v. Blood
  806 F.2d 1218· 4th Cir.· 1986-12-05 ·cited 2×
  The court held that the government's references to the plans as 'insurance' were not binding admissions and that the trial court did not err in admitting a prior tax court decision as evidence of willfulness.