Preponderance Of The Evidence

3,086 Florida cases classified under this topic, plus 56 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• United States v. Giuseppe Pugliese and Pietro Pugliese
  860 F.2d 25· 2d Cir.· 1988-10-17 ·cited 4×
  The court held that the district court properly enhanced the defendants' sentences based on their membership in a criminal organization and properly clarified an ambiguity in the oral sentencing pronouncement through the written judgment and commitment order.
• Jordan v. Clayton Brokerage Co. OF ST. Louis, Inc.
  861 F.2d 172· 8th Cir.· 1988-10-17 ·cited 4×
  The court held that the punitive damages award was not excessive and that the admission of evidence concerning a larger fraudulent plan was proper. The court also rejected constitutional challenges to the award.
• In re Bryan
  531 So. 2d 1062· Fla. 4th DCA· 1988-10-12 ·cited 4×
  The court held that competent and substantial evidence, rather than clear and convincing evidence, is sufficient to support a finding of incompetency to manage property.
• Amoco Prod. Co. v. United States
  852 F.2d 1574· 10th Cir.· 1988-08-02 ·cited 4×
  The court held that while the plaintiffs' quiet title action was time-barred, this procedural bar did not extinguish their substantive rights or the government's counterclaim, and that the government failed to prove the original deed contained a mineral reservation by clear and c
• United States v. Valverde
  846 F.2d 513· 8th Cir.· 1988-05-16 ·cited 4×
  The court held that the evidence was sufficient to support a conspiracy conviction, co-conspirator statements were admissible, and the district court did not err in denying the defendant's requests for expert services or in restricting expert testimony.
• Am. Ins. Ass'n v. Dep't OF Ins.
  518 So. 2d 1342· Fla. 1st DCA· 1987-12-29 ·cited 4×
  The Florida Department of Insurance created the Florida Property and Casualty Joint Underwriting Association (FPCJUA) pursuant to statutory authority to address an insurance availability crisis. The appellate court reversed, finding the Department applied the wrong burden of proo
• United States v. Smith
  833 F.2d 213· 10th Cir.· 1987-11-09 ·cited 4×
  The court held that the trial court did not err in admitting tape-recorded conversations under the coconspirator exception to the hearsay rule, as sufficient evidence supported the existence and continuation of the conspiracy.
• U.S. Aluminum Corporation/Texas v. Alumax, Inc.
  831 F.2d 878· 9th Cir.· 1987-11-03 ·cited 4×
  The court held that collateral estoppel does not apply because the standard of proof for malice in a malicious prosecution claim (preponderance of the evidence) is less rigorous than the standard required to prove bad faith in the prior patent infringement action (clear and convi
• State v. Edwardo Gorayeb
  510 So. 2d 1168· Fla. 3d DCA· 1987-08-11 ·cited 4×
  Florida appealed the dismissal of a refiled information against Gorayeb for a crime that had been previously nolle prossed after he completed a pretrial intervention program. The court reversed and remanded to determine whether Gorayeb breached the program's condition prohibiting
• United States v. Martinez
  825 F.2d 1451· 10th Cir.· 1987-08-06 ·cited 4×
  The court held that the co-conspirator statements were properly admitted because the independent evidence established a combination between the defendant and co-conspirators, and the illegality could be shown by the declarations themselves, consistent with recent case law.
• United States v. Lueben
  816 F.2d 1032· 5th Cir.· 1987-05-01 ·cited 4×
  The court held that the materiality of false statements under 18 U.S.C. § 1014 and § 1001 is a question of law for the court, not the jury, and remanded for an evidentiary hearing on materiality.
• Showery v. Samaniego
  814 F.2d 200· 5th Cir.· 1987-04-10 ·cited 4×
  The dissenting judge believes double jeopardy attaches to the bail revocation hearing, barring subsequent prosecution. Alternatively, collateral estoppel should bar the prosecution because the issue of fact was already decided.
• Combined Network, Inc. v. The Equitable Life Assurance Soc'y OF THE United States
  805 F.2d 1292· 7th Cir.· 1986-11-12 ·cited 4×
  The court held that the Statute of Frauds does not bar enforcement of the lease because Equitable, through its agent Tishman, misrepresented that the lease was signed, leading to Combined's detrimental reliance. However, the court found the jury's award of rental damages to be ex
• United States v. Knight
  636 F. Supp. 1462· S.D. Fla.· 1986-06-06 ·cited 4×
  The court affirmed detention for Richard Joseph and Michael Knight, but reversed detention orders for Roger Lee Hawkins and Barry Rex Harris, setting conditions for their release.
• Brennan v. Dep't OF Health & Human Servs.
  787 F.2d 1559· Fed. Cir.· 1986-04-03 ·cited 4×
  The court held that the Merit Systems Protection Board's decision to suspend the administrative law judge for 60 days was supported by substantial evidence and not arbitrary or capricious.
• Hanratty v. Fed. Aviation Admin.
  780 F.2d 33· Fed. Cir.· 1985-12-26 ·cited 4×
  The court held that the Merit Systems Protection Board improperly sustained an employee's removal under Chapter 75 after the presiding official had conducted the hearing under Chapter 43 and changed the statutory basis after the record closed.
• Valentin Borrell v. State
  478 So. 2d 1185· Fla. 4th DCA· 1985-11-27 ·cited 4×
  Valentin Borrell appeals his cocaine possession conviction and habitual offender sentence enhancement. The court affirms the conviction but reverses the sentencing enhancement, holding that the trial court improperly relied on acquitted conduct and other legally insufficient fact
• Ordnance Research, Inc. v. Sterling
  475 So. 2d 954· Fla. 1st DCA· 1985-09-10 ·cited 4×
  Ordnance Research appealed the Unemployment Appeals Commission's decision affirming that manager Sterling was entitled to unemployment benefits despite being discharged. The court reversed, holding that the referee failed to properly consider whether Sterling's management practic
• Kreider v. Commissioner OF Internal Revenue
  762 F.2d 580· 7th Cir.· 1985-05-28 ·cited 4×
  The court held that it had appellate jurisdiction to review the Tax Court's decision, and affirmed the Tax Court's allocation of the payment to both compensation for services and a covenant not to compete, and its determination that the covenant portion did not qualify as persona
• United States v. Estep
  760 F.2d 1060· 10th Cir.· 1985-04-29 ·cited 4×
  The court held that the trial court did not err in judicially noticing evidence from the criminal trial and in finding the insurance company had a superior right to the money based on a preponderance of the evidence.
• United States v. Contreras
  755 F.2d 733· 9th Cir.· 1985-03-15 ·cited 4×
  The court held that the government met its burden of proving that its evidence was derived from sources wholly independent of the appellants' state immunized testimony, and that the appellants knowingly and intelligently waived their Fifth Amendment rights.
• Lehr v. Bishop
  444 So. 2d 1024· Fla. 3d DCA· 1984-01-17 ·cited 4×
  The appellate court affirmed the trial court's order admitting the will to probate, finding the trial judge's decision was supported by the facts and controlling legal principles.
• Bardy v. Sears
  443 So. 2d 212· Fla. 2d DCA· 1983-12-14 ·cited 4×
  The Bardys appealed a judgment in favor of Sears after a jury trial, seeking a res ipsa loquitur instruction for an injury caused by a car battery explosion. The court affirmed the trial court's refusal to give the instruction, holding that the Bardys failed to meet the threshold
• Schultz v. Major General Billy G. Wellman
  717 F.2d 301· 6th Cir.· 1983-09-19 ·cited 4×
  The court held that the actions of National Guard officers in discharging a member are taken under the color of state law for purposes of 42 U.S.C. § 1983, but affirmed the dismissal because the appellant failed to state a claim upon which relief could be granted.
• Watson Realty Corp. v. Quinn
  435 So. 2d 950· Fla. 1st DCA· 1983-08-03 ·cited 4×
• Poertner v. Robert L. Swearingen, M.D.
  695 F.2d 435· 10th Cir.· 1982-09-09 ·cited 4×
  The court held that the trial court erred in directing a verdict for the defendant because the jury could reasonably interpret the plaintiff's sole medical expert's testimony as establishing causation, despite apparent inconsistencies.
• Harris v. Ballone
  681 F.2d 225· 4th Cir.· 1982-06-10 ·cited 4×
  The court affirmed the dismissal of the plaintiff's individual claims but reversed and remanded the denial of class certification for certain claims, requiring a proper representative to come forward.
• United States v. Clinger
  681 F.2d 221· 4th Cir.· 1982-06-10 ·cited 4×
  The court held that the district court abused its discretion by denying the government's motion for a continuance to allow a key witness to testify regarding the admissibility of tape recordings.
• Equal Emp. Opportunity Comm'n v. Am. Nat'l Bank
  680 F.2d 965· 4th Cir.· 1982-05-18 ·cited 4×
  The dissenting judge argues that both the district court and the panel majority committed significant errors in their use of statistical evidence in employment discrimination cases. The dissent contends that a proper statistical analysis, employing hypothesis testing and standard
• United States v. ONE Assortment OF 89 Firearms
  669 F.2d 206· 4th Cir.· 1982-01-26 ·cited 4×
  The forfeiture is civil in nature and not barred by the prior acquittal on criminal charges due to differing standards of proof.
• Putaturo v. Crook
  653 F.2d 1027· 5th Cir.· 1981-08-21 ·cited 4×
  The court held that the jury instruction on the preponderance of the evidence standard was correct, but remanded the case for clarification on the computation of damages and the parties' ownership interests in the vessel.
• Medlin v. Rucks
  397 So. 2d 950· Fla. 4th DCA· 1981-04-08 ·cited 4×
  The Medlins appealed a directed verdict ruling in a boundary dispute with the Rucks over a triangular parcel of land in Florida. Though the trial court's reasoning was flawed, the appellate court affirmed based on a boundary line agreement established through at least 15 years of
• Heyman v. United States
  506 F. Supp. 1145· S.D. Fla.· 1981-01-12 ·cited 4×
  The court held that the plaintiff failed to prove by a preponderance of the evidence that the swine flu inoculation was the cause of her Guillian-Barre Syndrome.
• Hayes Bros., Inc. v. Econ. Fire & Cas. Co.
  634 F.2d 1119· 8th Cir.· 1980-11-25 ·cited 4×
  The court held that substantial evidence supported the jury's finding of bad faith in failing to settle within policy limits, affirming compensatory damages, but reversed punitive damages due to insufficient evidence of willful or reckless disregard.
• United States v. Eighty-Six Firearms AND Twenty-Two Rounds OF Ammunition
  623 F.2d 643· 10th Cir.· 1980-05-19 ·cited 4×
  The court held that the lower court erred in not forfeiting the long guns, as the evidence showed the dealer's intent to unlawfully sell them as well.
• Hammann v. Hartford Accident & Indem. Co.
  620 F.2d 588· 6th Cir.· 1980-05-08 ·cited 4×
  The court held that evidence of the plaintiff's prior fires was properly admitted under Federal Rule of Evidence 404(b) because it was relevant to credibility, motive, and intent, and its probative value outweighed its prejudicial effect.
• The United States v. Endicott Johnson Corp.
  617 F.2d 278· C.C.P.A.· 1980-03-13 ·cited 4×
  The court held that stitching on shoe uppers was functional and not ornamental, thus the merchandise should not be classified as ornamented textile articles.
• Elliott v. Phillips
  611 F.2d 658· 6th Cir.· 1979-12-27 ·cited 4×
  The court held that the Postal Service employee's discharge was supported by substantial evidence and promoted the efficiency of the service, affirming the lower court's decision.
• Context Dev. Co. v. Dade Cnty.
  374 So. 2d 1143· Fla. 3d DCA· 1979-09-18 ·cited 4×
  Context Development Company challenged a cease and desist order prohibiting rock plowing and agricultural operations on 8,100 acres in Taylor Slough, an ecologically sensitive area. The Florida District Court of Appeal reversed the lower court's dismissal and denial of certiorari
• Convoy Corp. v. Sperry Rand Corp.
  601 F.2d 385· 9th Cir.· 1979-04-25 ·cited 4×
  The court held that the defendant failed to establish the affirmative defense of double recovery by a preponderance of the evidence, and therefore the judgment for the plaintiff should be affirmed.
• LA Playa Santa Marina, Inc. v. The Chris-Craft Corp.
  597 F.2d 1· 1st Cir.· 1979-04-18 ·cited 4×
  The court held that the district court did not err in finding that the dealership agreements were terminated without just cause, but did err in awarding attorney fees.
• United States v. Guerrero-Herrera
  590 F.2d 238· 7th Cir.· 1978-12-21 ·cited 4×
  The court held that the defendant waived his right to a second suppression hearing by agreeing to the procedure, and his confession was voluntary and properly admitted.
• Laurence J. Terrazas v. Cyrus Vance
  577 F.2d 7· 7th Cir.· 1978-05-26 ·cited 4×
  The court held that the Fourteenth Amendment requires the government to prove voluntary relinquishment of U.S. citizenship by clear, convincing, and unequivocal evidence, not merely a preponderance of the evidence.
• Gunter v. Stream
  573 F.2d 77· C.C.P.A.· 1978-04-06 ·cited 4×
  The court held that the junior party, Stream, proved by a preponderance of the evidence that he conceived the invention on or about August 27, 1970, and that this conception, combined with the assignee's reduction to practice, was sufficient to award priority.
• Alfia P. Cavallaro v. Williams
  530 F.2d 473· 3d Cir.· 1975-12-08 ·cited 4×
  The court held that the jury instructions on the defense of brake failure and the emergency doctrine were erroneous, requiring a new trial.
• United States v. Burnette
  524 F.2d 29· 5th Cir.· 1975-11-24 ·cited 4×
  The court held that the government failed to prove venue for the charge of receiving weapons by a preponderance of the evidence.
• Kiper v. State
  310 So. 2d 42· Fla. 1st DCA· 1975-03-11 ·cited 4×
  The trial court's injunction was improvidently issued because the State failed to establish by a preponderance of evidence that appellants violated Florida's animal cruelty statutes and that their activities constituted a public nuisance.
• United States v. COX
  487 F.2d 634· 5th Cir.· 1973-11-15 ·cited 4×
  The court held that the trial court did not err in admitting Cox's confession, refusing a mistrial, or admitting testimony of prior threats, and affirmed the conviction.
• Williams v. Seaboard Airline R.R. Co.
  268 So. 2d 459· Fla. 4th DCA· 1972-11-02 ·cited 4×
  When a trial court sitting without a jury finds that the greater weight of evidence does not support plaintiff's negligence claim against a railroad, or alternatively that the greater weight of evidence supports the defendant's affirmative defense of contributory negligence, subs
• Johnston v. State
  257 So. 2d 94· Fla. 3d DCA· 1972-02-01 ·cited 4×