Standard Of Review (Clearly Erroneous, De Novo)

62 Florida cases classified under this topic · sorted by citation count · browse and sort

• Castro Bobadilla v. Reno
  1993 WL 259424· S.D. Fla.· 1993-07-09 ·cited 343×
  The court held that the magistrate had jurisdiction, the charged offenses were within the extradition treaty, and there was sufficient evidence to support a finding of probable cause for extradition.
• In re Martin v. United States
  761 F.2d 472· 8th Cir.· 1985-05-07 ·cited 50×
  The court held that the bankruptcy court applied an incorrect legal standard for determining "adequate protection" under 11 U.S.C. § 361(3) by failing to properly consider the value of the secured creditor's interest and the risks to that value. The court remanded for further ana
• United States v. Reyes-Ruiz
  868 F.2d 698· 5th Cir.· 1989-03-13 ·cited 46×
  The court held that a prior conviction for aiding and abetting the illegal entry of an alien qualifies as a 'related offense' for the purpose of increasing the offense level under Sentencing Guideline § 2L1.1(b)(2), and a misstatement regarding the maximum term of supervised rele
• In re Comer v. Comer
  723 F.2d 737· 9th Cir.· 1984-01-13 ·cited 38×
  The bankruptcy court correctly determined a debt arising from a marital separation agreement was nondischargeable and properly excluded the debtor's evidence attacking the extent of the obligation, as that issue was already decided in state court and irrelevant to dischargeabilit
• United States v. Ramos
  933 F.2d 968· 11th Cir.· 1991-06-18 ·cited 36×
  The court held that the district court properly denied the motion to suppress, limited defense witness testimony, excluded polygraph evidence, and correctly refused to investigate agents' conduct.
• United States v. Yoffe
  775 F.2d 447· 1st Cir.· 1985-10-25 ·cited 33×
  The court held that the government was substantially justified in bringing suit on the contract, even though the sale was later found void due to regulatory interpretation, and thus denied attorney's fees under the EAJA.
• United States v. Montilla
  928 F.2d 583· 2d Cir.· 1991-03-21 ·cited 32×
  The court held that the defendant voluntarily consented to the search of her bag, rendering the evidence admissible. However, the court remanded the issue of whether the initial encounter constituted an illegal seizure.
• Marchese v. Shearson Hayden Stone, Inc.
  734 F.2d 414· 9th Cir.· 1984-06-01 ·cited 32×
  The court held that a claim involving statutory interpretation under the CEA is not arbitrable, but a breach of fiduciary duty claim arising from the same facts is arbitrable. The court also reversed the dismissal of a claim based on an implied private right of action under the C
• United States v. Pinion
  800 F.2d 976· 9th Cir.· 1986-09-26 ·cited 30×
  The court held that the totality of circumstances established probable cause for the arrest and that the defendant's confession was voluntary.
• 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.
• Harbeson v. Parke Davis, Inc.
  746 F.2d 517· 9th Cir.· 1984-10-30 ·cited 28×
  The government waived its affirmative defense of collateral estoppel by failing to raise it before the district court, and the district court did not err in finding that the doctors breached their duty of informed consent by failing to disclose the material risks of Dilantin to u
• Bohemia, Inc. v. The Home Ins. Co.
  725 F.2d 506· 9th Cir.· 1984-02-07 ·cited 24×
  The court held that the primary insurer was neither negligent nor acting in bad faith in its investigation and refusal to settle a wrongful death claim, and affirmed the district court's judgment.
• Louie v. United States
  776 F.2d 819· 9th Cir.· 1985-11-13 ·cited 23×
  The Army should be held liable for negligence under the FTCA because a special relationship was created when it accepted custody of an intoxicated soldier, giving rise to a duty of care.
• Nw. Indian Cemetery Protective Assocation v. Peterson
  795 F.2d 688· 9th Cir.· 1986-07-22 ·cited 22×
  The court held that the district court erred in enjoining timber harvesting and road construction in the high country based on the Free Exercise Clause, as the plaintiffs failed to establish a substantial burden on their religious practices.
• Turner v. Verne ORR
  759 F.2d 817· 11th Cir.· 1985-04-18 ·cited 17×
  The court held that the special master's finding of a good faith violation of the consent judgment was not clearly erroneous, and the ordered remedy of promotion and back pay was authorized by the consent judgment and did not violate Title VII.
• United States v. Hicks
  948 F.2d 877· 4th Cir.· 1991-10-23 ·cited 16×
  The court held that converting seized cash to drug equivalents for relevant conduct, and enhancing the sentence for obstruction of justice based on flight, disposal of evidence, and a material falsehood to a probation officer, were all proper applications of the Sentencing Guidel
• United States v. Buchanan
  891 F.2d 1436· 10th Cir.· 1989-12-12 ·cited 16×
  The court held that the undisclosed personal relationship between a government investigator and a key witness was not material under Brady v. Maryland because it did not create a reasonable doubt as to the defendant's guilt, and therefore, the district court erred in granting a n
• In re Daniels-Head & Assocs. dba Head Ins. v. William M. Mercer, Inc.
  819 F.2d 914· 9th Cir.· 1987-06-15 ·cited 16×
  The court held that the district court properly applied the standard of review and affirmed the bankruptcy court's findings that the appellees were not unjustly enriched by receiving insurance records and did not intentionally interfere with the appellant's contractual relationsh
• Operating Eng'rs Pension Tr. v. Charles Minor Equip. Rental, Inc.
  766 F.2d 1301· 9th Cir.· 1985-07-22 ·cited 16×
  The court held that the majority's interpretation of the 40-hour presumption as rebuttable is inconsistent with prior circuit precedent and the plain language of the relevant agreement.
• Barhold v. Rodriguez
  863 F.2d 233· 2d Cir.· 1988-12-08 ·cited 12×
  The court held that the statistical evidence presented by the Division of Parole was insufficient to establish a firm basis for believing that remedial action was necessary due to past discrimination. Therefore, the grant of summary judgment to the Division was improper.
• The DOW Chem. Co. v. The M/V Roberta Tabor
  815 F.2d 1037· 5th Cir.· 1987-05-04 ·cited 12×
  The court held that Dow failed to prove loss of use damages with reasonable certainty and that Dow's suit against Chotin for hull damage breached charter agreements, but Dow's suit for loss of use did not. The court reversed the award of all attorneys' fees to Chotin, remanding f
• Boone Coal & Timber Co. v. William J.M. Polan (85-5400)
  787 F.2d 1056· 6th Cir.· 1986-04-08 ·cited 12×
  A district court's order remanding a case to state court is not reviewable on appeal, and a lease termination notice is effective upon mailing if the lease so provides, even if harsh.
• Bakst v. Marks (In Re Marks)
  131 B.R. 220· S.D. Fla.· 1991-08-29 ·cited 10×
  The court held that Florida Statute § 222.21(2)(a) could not be applied retroactively to exempt assets that creditors had a vested interest in prior to the statute's effective date.
• In re Fowler v. Fowler
  903 F.2d 694· 9th Cir.· 1990-05-16 ·cited 10×
  The court held that the bankruptcy court erred by not making explicit findings to support its risk factor determination for the cramdown interest rate, and the district court erred by setting the rate itself instead of remanding.
• Ins. Co. OF the State OF Pa. v. Associated Int'l Ins. Co.
  922 F.2d 516· 9th Cir.· 1990-12-27 ·cited 8×
  The court held that while the reinsured breached the notice provision of the reinsurance contract, the reinsurer failed to demonstrate actual and substantial prejudice, and the settlement was covered by the contract.
• Neher v. Commissioner OF Internal Revenue
  852 F.2d 848· 6th Cir.· 1988-07-19 ·cited 8×
  Payments made to a religious organization for auditing and training are deductible as charitable contributions if the organization is qualified and the payments further its charitable purposes, even if the payor receives spiritual benefits.
• Miss World (UK) Ltd. v. MRS. Am. Pageants, Inc.
  856 F.2d 1445· 9th Cir.· 1988-09-15 ·cited 7×
  The court held that the plaintiff failed to establish a likelihood of success on the merits for service mark infringement and unfair competition, and thus affirmed the denial of a preliminary injunction.
• Morton Int'l, Inc. v. Cardinal Chem. Co.
  959 F.2d 948· Fed. Cir.· 1992-03-20 ·cited 6×
  The court held that it should review the invalidity judgment first when appropriate, and that in this case, the patent claims were invalid for lack of enablement and indefiniteness.
• Rosalyn Brooker v. Desert Hosp. Corp.
  947 F.2d 412· 9th Cir.· 1991-10-21 ·cited 6×
  The court held that the Emergency Medical Treatment and Active Labor Act (EMTALA) applies to all patients regardless of economic status and that the hospital did not violate EMTALA or California law by transferring a patient deemed stabilized.
• Preben Norgaard v. Comm'r Internal Revenue Serv.
  939 F.2d 874· 9th Cir.· 1991-07-30 ·cited 6×
  The court held that the taxpayers failed to substantiate their gambling losses, but the IRS's imposition of negligence and substantial understatement penalties was erroneous.
• In re Green v. Staples
  934 F.2d 568· 4th Cir.· 1991-06-05 ·cited 6×
  A debtor's possession of income in excess of necessary expenses, standing alone, is insufficient to constitute substantial abuse of Chapter 7; a totality of the circumstances analysis is required.
• Perlman v. Pioneer Ltd. P'ship & Kendrick Cattle Co.
  918 F.2d 1244· 5th Cir.· 1990-12-13 ·cited 6×
  The court held that Perlman breached his contract by failing to establish a force majeure event, but reversed the award of attorney fees as sanctions because his claims were made in good faith.
• In re James Russell Hellums. Appeal of Bethlehem Emps. Fed. Credit Union
  772 F.2d 379· 7th Cir.· 1985-09-11 ·cited 6×
  The court held that the automatic stay under 11 U.S.C. § 362(a)(6) applies to the automatic transfer and application of post-petition wages to prepetition debts, even if authorized by the debtor.
• Dunn v. Phoenix Newspapers, Inc.
  735 F.2d 1184· 9th Cir.· 1984-06-26 ·cited 6×
  The court held that the newspapers' practices did not constitute a per se violation of the Sherman Act, and the carriers failed to prove a violation under the rule of reason or to prove damages.
• Elfida Chavez v. THE Hous. Auth. OF THE City OF EL Paso
  973 F.2d 1245· 5th Cir.· 1992-10-01 ·cited 5×
  The El Paso Housing Authority did not violate a tenant's constitutional rights by evicting her based on her son's actions, as the tenant was held responsible for the conduct of a guest, not for her familial relationship.
• United States v. Uribe-Galindo
  990 F.2d 522· 10th Cir.· 1993-03-30 ·cited 4×
  The court held that the examination of the vehicle's undercarriage with an auto creeper was a routine border search requiring no reasonable suspicion, and that the appellant's question about future access to an attorney did not constitute an invocation of his right to counsel.
• In re Marcus Hook Dev. Park
  943 F.2d 261· 3d Cir.· 1991-08-19 ·cited 4×
  The court held that the bankruptcy court's conflicting orders require remand for further factual development, but good faith purchasers should be protected from liens reimposed by a later decree.
• Smith v. Commissioner OF Internal Revenue
  937 F.2d 1089· 6th Cir.· 1991-06-27 ·cited 4×
  The Tax Court's findings that the partnerships were not engaged in for profit and that the transaction was a sham are not clearly erroneous and should be affirmed.
• Huggs, Inc. v. LPC Energy, Inc.
  889 F.2d 649· 5th Cir.· 1989-12-08 ·cited 4×
  The court held that exculpatory clauses in the contract shielded LPC from liability for lost leases due to mistake or oversight, but LPC's gross negligence in failing to notify Huggs of Lease 245's production cessation constituted a breach of contract and tort, and that a post-tr
• Allen v. Brigadier General O.K. Steele
  759 F.2d 1469· 9th Cir.· 1985-05-13 ·cited 4×
  Court-martial jurisdiction was properly retained over a servicemember who had not yet received a discharge certificate, even after his term of enlistment expired, because sufficient action was taken to initiate trial proceedings.
• Francklyn v. Guilford Packing Co.
  695 F.2d 1158· 9th Cir.· 1983-01-04 ·cited 4×
  A shop right is personal to the employer and cannot be transferred to a third party through a sale and lease-back arrangement, meaning the third party remains liable for patent infringement royalties.
• Century 21 Real Est. Corp. v. Century Life OF Am.
  970 F.2d 874· Fed. Cir.· 1992-07-23 ·cited 3×
  The court held that the Trademark Trial and Appeal Board improperly applied the du Pont factors, leading to an incorrect conclusion that the applicant's mark would not cause confusion.
• Miami Ctr. Ltd. P'ship v. Bank of N.Y. (In Re Holywell Corp.)
  93 B.R. 780· S.D. Fla.· 1988-10-31 ·cited 3×
  The court held that the bankruptcy court properly dismissed the complaint because the confirmed plan of reorganization established the standard of care and governed the trustee's duties, and the alleged breaches were either previously resolved or pending in other proceedings.
• Hanft v. Church (In Re Hanft)
  315 B.R. 617· S.D. Fla.· 2002-09-10 ·cited 2×
  The court held that a medical malpractice judgment arising from a doctor's misrepresentation of his active medical license is non-dischargeable under 11 U.S.C. § 523(a)(2)(A), but reversed the bankruptcy court's finding of non-dischargeability under § 523(a)(4) because Florida's
• United States v. Uria
  180 B.R. 688· S.D. Fla.· 1995-03-30 ·cited 2×
  Federal tax liens survive bankruptcy discharge even if the underlying tax debt is dischargeable, and a bankruptcy court erred in ordering the release of such liens.
• In re Immenhausen Corp.
  159 B.R. 45· M.D. Fla.· 1993-09-10 ·cited 2×
  The court held that the bankruptcy court abused its discretion by limiting the debtor's counsel's reimbursement for travel expenses without sufficient factual findings. The court remanded for factual determinations regarding counsel authorization and compensation.
• Liberty Mut. Ins. Co. v. States
  940 F.2d 1179· 8th Cir.· 1991-08-05 ·cited 2×
  Under Arkansas law, an insurer cannot deny liability based on lack of notice or cooperation when a Uniform Motor Carrier Endorsement is filed with the state, as this supersedes policy terms and state law mandates coverage.
• Seidle v. United States (In Re Airlift Int'l
  120 B.R. 597· S.D. Fla.· 1990-05-31 ·cited 2×
  The court held that IRS claims for Section 4971(a) taxes were not entitled to administrative priority because they arose from the rejection of an executory contract and were incurred pre-petition, and that these claims could be equitably subordinated as penalties.
• Hayes v. United States
  899 F.2d 438· 5th Cir.· 1990-05-01 ·cited 2×
  The court held that an FAA inspector conducting a flight test has a duty of due care to ensure the safety of participants, and that failing to conduct a pre-flight briefing and ordering a repeat of a failed dangerous maneuver constitutes a breach of that duty proximately causing
• Roadway Express, Inc. v. Jossy
  853 F.2d 736· 9th Cir.· 1988-08-04 ·cited 2×
  The court held that Roadway's actions did not constitute sufficient part performance to remove the oral agreement for the sale of real property from the Statute of Frauds, as the acts did not involve a substantial change of position.