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. Buckhalter
  986 F.2d 875· 5th Cir.· 1993-03-11
  The court held that the trial court did not err in denying severance, suppressing identification, removing a juror, or calculating sentences, and affirmed the convictions and sentences.
• Price v. Symsek
  988 F.2d 1187· Fed. Cir.· 1993-03-11
  The Board of Patent Appeals and Interferences erred by applying a "beyond a reasonable doubt" standard for proving derivation and priority in a patent interference proceeding; the correct standard is "clear and convincing evidence."
• E.V., SR. v. Dep't of Health & Rehabilitative Servs.
  615 So. 2d 251· Fla. 3d DCA· 1993-03-09
  A parent who refuses to sign documents for child placement in substitute care while legitimately questioning paternity and while involuntarily imprisoned does not commit abandonment or neglect under Florida law, and his name must be removed from the child abuse registry.
• Bieter Co. v. Beatta Blomquist
  987 F.2d 1319· 8th Cir.· 1993-03-08
  The court held that the district court adopted excessively narrow views of causation and injury under RICO, undermining its application in rooting out public corruption.
• United States v. Eirven
  987 F.2d 634· 9th Cir.· 1993-03-08
  The court held that the obstruction of justice enhancement under U.S.S.G. § 3C1.1 cannot apply to a defendant's statements to their attorney regarding legal strategy, as such application would chill attorney-client communications and is not supported by sufficient evidence.
• United States v. Williams
  986 F.2d 86· 4th Cir.· 1993-02-18
  The court held that the district court did not err in its rulings on jury selection, impeachment evidence, or sentence calculation, affirming the convictions and sentence.
• United States v. Castellone
  985 F.2d 21· 1st Cir.· 1993-02-08
  The court held that the third marijuana sale was not relevant conduct for sentencing purposes because the defendant was sufficiently detached from it and could not have foreseen it. The court also held that the defendant did not exercise a managerial role in the offense.
• In re Forfeiture OF 1989 Isuzu Pickup Truck
  612 So. 2d 695· Fla. 1st DCA· 1993-01-26
  The First District Court of Appeal reversed a trial court's forfeiture of a pickup truck registered jointly to a father and son, finding the trial court applied an incorrect legal standard when determining ownership. The court held that the state must prove by clear and convincin
• United States v. Hall
  984 F.2d 387· 10th Cir.· 1993-01-26
  Self-incriminating information provided to state authorities under a cooperation agreement does not bind the federal government in a supervised release revocation proceeding, and the evidence was sufficient to support the finding of a Grade A violation.
• United States v. Ragheed Akrawi
  982 F.2d 970· 6th Cir.· 1993-01-07
  The court held that the district court did not err in applying sentence enhancements for Akrawi being a leader and knowing the funds were criminally derived, nor did it err in its calculation of credit for time served.
• United States v. August
  984 F.2d 705· 6th Cir.· 1992-12-23
  The court affirmed the conviction and sentence, finding no merit in the defendant's numerous challenges, including claims of ineffective assistance of counsel, non-unanimous verdict, improper handling of jury notes, evidentiary rulings, insufficient evidence, and sentencing error
• United States v. Nichelle K. Davis
  981 F.2d 906· 6th Cir.· 1992-12-16
  The court held that the government failed to prove the defendant's specific intent to join the conspiracy.
• Hathaway v. Merit Sys. Prot. Bd.
  981 F.2d 1237· Fed. Cir.· 1992-12-11
  The court held that substantial evidence supported the Merit Systems Protection Board's determination that the petitioner engaged in a prohibited personnel practice by threatening an employee with removal and an unsatisfactory performance rating due to the employee's whistleblowi
• United States v. Balistrieri
  981 F.2d 916· 7th Cir.· 1992-11-24
  The court held that the Fair Housing Act allows the government to seek compensatory damages for aggrieved persons in a pattern or practice case, and that evidence of discrimination against testers can establish a pattern or practice. The court also affirmed Balistrieri's liabilit
• Valentin Quinones-Pacheco v. Am. Airlines, Inc.
  979 F.2d 1· 1st Cir.· 1992-11-04
  The court held that the jury's finding of no damages was supported by the evidence and that the exclusion of the economist's testimony was proper due to lack of foundation.
• United States v. Guest
  978 F.2d 577· 10th Cir.· 1992-10-27
  The court held that the district court did not err in determining the defendant's base offense level by including cocaine distributed to another individual for personal use, as it constituted relevant conduct under the Sentencing Guidelines.
• United States v. Marion
  977 F.2d 1284· 8th Cir.· 1992-10-22
  The court held that the trial court did not err in admitting evidence of prior failure to appear, but erred in concluding the Sentencing Guidelines were inapplicable.
• United States v. ONE 1989 Jeep Wagoneer
  976 F.2d 1172· 8th Cir.· 1992-10-09
  The court held that whether Ponderosa was willfully blind to its employee's use of a company vehicle for drug transactions is a question of fact, precluding summary judgment.
• United States v. Buck Williams
  977 F.2d 866· 4th Cir.· 1992-10-07
  The court held that the search warrant was validly issued, the district court did not err in attributing 67 grams of cocaine base as relevant conduct for sentencing, and the defendant was not entitled to pre-trial disclosure of sentencing guideline information.
• Campbell v. Bartlett
  975 F.2d 1569· 10th Cir.· 1992-10-06
  The court affirmed the judgment, holding that service by posting at the sister's residence was valid and satisfied due process, and that the ICC endorsement negated the insurer's cooperation defense.
• United States v. ONE 1982 Chevrolet Corvette
  976 F.2d 392· 8th Cir.· 1992-09-14
  The court held that the claimant's blanket denials were insufficient to prove by a preponderance of the evidence that the property was not subject to forfeiture.
• O-So Detroit, Inc. v. Home Ins. Co.
  973 F.2d 498· 6th Cir.· 1992-08-26
  The court held that an erroneous jury instruction on the elements of an arson defense was not harmless error and required reversal.
• State OF N.D. v. United States
  972 F.2d 235· 8th Cir.· 1992-08-10 ·via Burden Of Proof By Preponderance Of The Evidence
  The court held that the State failed to prove by a preponderance of the evidence that the Little Missouri River was navigable at the time of statehood, and thus the United States retains title to the riverbed.
• Dowden v. Polymer Raymond, Inc.
  966 F.2d 1206· 7th Cir.· 1992-07-14
  The court held that summary judgment was inappropriate because the record presented a genuine issue of material fact as to whether the defendant manufactured the strap that caused the plaintiff's injury.
• Vigilantes, Inc. v. Administrator OF Wage AND Hour Division
  968 F.2d 1412· 1st Cir.· 1992-07-09
  The court held that the Secretary's decision to debar Vigilantes was supported by evidence of overall performance under ten contracts.
• United States v. Moore
  968 F.2d 216· 2d Cir.· 1992-06-25
  The court held that officers reasonably relied on a magistrate's probable cause determination under the good faith exception, despite technical warrant deficiencies, and affirmed the denial of the motion to suppress. The court also vacated and remanded Donahue's sentence for rese
• In the Interest of S.J. and K.J.
  600 So. 2d 1296· Fla. 1st DCA· 1992-06-25
• Freeman United Coal Mining Co. v. Cooper
  965 F.2d 443· 7th Cir.· 1992-06-11
  The court held that Dr. Martin's opinion, based on a physician's examination, claimant's symptoms, and work history, qualifies as a 'reasoned medical opinion' sufficient to support an award of benefits.
• Mo. Portland Cement Co. v. Nat'l Labor Relations Bd.
  965 F.2d 217· 7th Cir.· 1992-05-26
  The court held that the National Labor Relations Board's finding that the company refused to hire Johnson due to union activity was not supported by substantial evidence.
• United States v. Land
  960 F.2d 561· 5th Cir.· 1992-05-15
  The court held that the district court's application of the burden of proof in a civil forfeiture action was unclear, requiring a remand.
• United States v. Ervin Jahue Blevins
  960 F.2d 1252· 4th Cir.· 1992-03-31
  The introduction of testimony that six non-testifying co-defendants pleaded guilty constituted error, but this error was harmless beyond a reasonable doubt.
• United States v. Schumpert
  958 F.2d 770· 7th Cir.· 1992-03-16
  The court held that the evidence was sufficient to support the conspiracy conviction and that the arrest was based on probable cause.
• Scheidt v. Klein
  956 F.2d 963· 10th Cir.· 1992-02-11
  The court held that the district court did not abuse its discretion in denying motions for a change of venue, that the fraud and breach of contract claims were supported by sufficient evidence, and that the jury instructions and punitive damages award were proper.
• Monroe v. Mut. OF Omaha Ins. Co.
  953 F.2d 1210· 10th Cir.· 1992-01-14
  The court held that the insured's claims for breach of contract and breach of the duty to deal fairly and in good faith were rendered moot by the jury's verdict in his favor on the fraud and deceit claim. The court also held that the trial court did not err in refusing to instruc
• Genny Buskus v. Southwestern Bell Yellow Pages
  951 F.2d 946· 8th Cir.· 1991-12-31
  The court held that the trial court's findings were not clearly erroneous and that the appellant's claims of sexual discrimination failed.
• Resolution Tr. Corp. v. Associated Inv. Grp.
  631 F. App'x 276· S.D. Fla.· 1991-12-27
  The court held that the Resolution Trust Corporation (RTC) is protected by 12 U.S.C. § 1823(e) from defendants' personal contract defenses, entitling the RTC to summary judgment on the notes. Ownership of the notes and partnership capacity were also resolved in favor of the RTC.
• United States v. Dorvil
  784 F. Supp. 849· S.D. Fla.· 1991-10-28
  The court held that defendants were entitled to a four-level reduction for minimal roles and a further downward departure because their minimal participation was present to a degree not contemplated by the guidelines.
• United States v. Patriarca
  948 F.2d 789· 1st Cir.· 1991-10-28
  The court ordered a remand for additional factfinding on net worth regarding pretrial detention conditions.
• Avery v. Dep't of Health & Rehabilitative Servs.
  586 So. 2d 1350· Fla. 5th DCA· 1991-10-17
  The court reversed a dependency adjudication because the state failed to prove by a preponderance of the evidence that the children were abandoned, abused, or neglected.
• Reber v. United States
  951 F.2d 961· 9th Cir.· 1991-08-13
  The court held that the district court's finding that the plaintiffs failed to prove by a preponderance of the evidence that a military ordnance caused the destruction of the vessel was not clearly erroneous.
• Hintergardt v. Operators, Inc.
  940 F.2d 1386· 10th Cir.· 1991-08-07
  The court held that the jury instructions regarding the presumption of an employee acting within the scope of employment and the conditions for returning to the scope of employment were correct statements of Oklahoma law.
• In re Constantine John Tsamasfyros v. Constantine J. Tsamasfyros
  940 F.2d 605· 10th Cir.· 1991-08-05
  The court held that a state court judgment for breach of fiduciary duty, attended by fraud and recklessness, has preclusive effect in bankruptcy proceedings under the doctrine of collateral estoppel, rendering the debt non-dischargeable.
• In re Serafini v. Serafini
  938 F.2d 1156· 10th Cir.· 1991-07-16
  The court held that the lower courts erred by applying the 'clear and convincing evidence' standard instead of the 'preponderance of the evidence' standard to the creditor's objection to discharge.
• In re the Interest of J.M. & R.M.
  579 So. 2d 820· Fla. 1st DCA· 1991-05-09
  A guardian ad litem appealed the trial court's dismissal of a dependency petition after the court denied the guardian's motion for a new hearing based on newly discovered evidence. The appellate court reversed, holding that the guardian ad litem is a separate party from HRS with
• Price v. Highland Cmty. Bank & George R. Brokemond
  932 F.2d 601· 7th Cir.· 1991-05-03
  The court affirmed the judgment, holding that the jury's findings of breach of contract and fraud were supported by sufficient evidence, and the damages awarded were not excessive.
• ST. Paul Fire & Marine Ins. Co. v. Salvador Beauty Coll., Inc.
  930 F.2d 1329· 8th Cir.· 1991-04-17
  Evidence of incendiary origin and motive alone is insufficient to prove insured responsibility for fire under Iowa law; additional circumstantial evidence implicating the insured is required. Furthermore, insufficient evidence supported the verdict that the insured made material
• United States v. Tucker
  925 F.2d 990· 6th Cir.· 1991-02-19
  An Alford plea does not categorically preclude a reduction for acceptance of responsibility under the Sentencing Guidelines, but the defendant must still prove by a preponderance of the evidence that she accepted responsibility.
• Hurley v. United States
  923 F.2d 1091· 4th Cir.· 1991-01-23
  The court held that Maryland law does not recognize a cause of action for the "loss of a substantial possibility of successful recovery" or survival, and that traditional proximate cause standards apply to medical malpractice claims.
• United States v. Vargas
  920 F.2d 167· 2d Cir.· 1990-12-03
  The court affirmed the convictions, finding sufficient evidence and rejecting claims of sentencing errors and ineffective assistance of counsel.
• Wiley v. Consolidation Coal Co.
  915 F.2d 1076· 6th Cir.· 1990-10-10
  The court held that Part 718 standards apply to pulmonary function tests performed after March 31, 1980, and that studies cannot be invalidated by criteria outside the applicable regulations at the invocation stage.