Standard Of Review (Clearly Erroneous, De Novo)

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

• Bunch v. Hodel
  793 F.2d 129· 6th Cir.· 1986-06-17 ·cited 2×
  The court held that the drawdown constituted a major federal action requiring an environmental impact statement under NEPA because the 1941 lease granted the U.S. Fish and Wildlife Service exclusive control over the spillway, and the State's action was a substantial change to an
• United States v. Montgomery
  998 F.2d 1468· 9th Cir.· 1993-07-13 ·cited 1×
  The court held that the government failed to use reasonable efforts to produce a confidential informant, violating the defendant's due process rights.
• Navid v. Uiterwyk Corp.
  130 B.R. 594· M.D. Fla.· 1991-07-03 ·cited 1×
  The court held that Uiterwyk Corporation is liable to Navid for conversion, as an agent asserting an adverse claim over specific money can be liable for conversion even if acting for a disclosed principal. The court remanded the civil theft claim due to the Bankruptcy Court's sil
• White v. Waage
  440 B.R. 563· M.D. Fla.· 2010-09-29
  The court held that including payments for surrendered collateral as necessary expenses, without the intention to pay them, constitutes a lack of good faith, justifying denial of plan confirmation and dismissal of the case.
• Davis v. Loesch
  998 F.2d 963· Fed. Cir.· 1993-07-09
  The court held that the notice of appeal was proper and affirmed the Board of Patent Appeals and Interferences' decision that the Loesch patent application was entitled to claims corresponding to the interference count over the Davis patent.
• Williams v. Fab-Con, Inc.
  990 F.2d 228· 5th Cir.· 1993-05-06
  The court held that the Daul Agency was liable for failing to procure adequate insurance coverage for Fab-Con, but vacated the damage award to reconsider it in light of a recent Supreme Court opinion on settlement credits.
• Levine v. Torvik
  986 F.2d 1506· 6th Cir.· 1993-03-01
  The court held that the district court properly issued a conditional writ of habeas corpus and stay, as there was constitutionally insufficient evidence to support the state court's 1988 recommitment of the petitioner.
• First Fed. Sav. & Loan Ass'n OF S.C. v. Chrysler Credit Corp.
  981 F.2d 127· 4th Cir.· 1992-11-30
  First Federal, though not a holder in due course, can recover as a holder because CCC failed to establish a defense to payment of the dishonored checks.
• Collins v. Romer
  962 F.2d 1508· 10th Cir.· 1992-05-05
  The court affirmed the award of attorneys fees, holding that the plaintiffs were prevailing parties because their lawsuit was a catalyst for a legally required change in the statute, and that at least one original plaintiff remained in the case long enough to be a prevailing part
• In re Grand Jury Proceedings Jean Auclair. Victor Feazell
  961 F.2d 65· 5th Cir.· 1992-05-01
  The attorney-client privilege extends to preliminary discussions with a view to employment, even if employment is declined, and applies to group consultations where a common interest is presumed.
• United States v. Jerri C. Lewis
  833 F.2d 1380· 9th Cir.· 1987-12-11
  The court held that the district court erred in suppressing the confession based on the judge's personal experience with anesthesia, and that the second confession was admissible as it was sufficiently attenuated from any prior unwarned statement.
• Hensel v. The United States
  735 F.2d 1340· Fed. Cir.· 1984-06-08
  The court held that the trial court did not err in admitting certain evidence, finding no freely offered price for the imported needles, and entering judgment based on stipulated export values.