![]() Questions of subject matter jurisdiction are reviewed de novo. The court accepts all allegations of the complaint as true and construes the facts in the light most favorable to the plaintiff. Motion to dismiss complaint for failure to state a claim. Findings of fact are upheld unless clearly erroneous. Conclusions of law receive de novo review. 2000).Ĭourts of appeal draw an important distinction between the review of factual issues and the review of legal issues. Under this standard, the court of appeals must affirm unless it determines that “the district court has made a clear error of judgment, or has applied an incorrect legal standard.” Alexander v. Under this standard, an appellate court with “uphold any district court determination that falls within a permissible range of permissible conclusions.” Cooter & Gell v. It means such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.” Richardson v. Substantial evidence is “more than a mere scintilla. The appellate court must accept the trial court’s findings unless it’s left with the “definite and firm conviction that a mistake has been committed.” Inwood Laboratories, Inc. Construction Laborers Pension Trust, 508 U.S. “Review under the clearly erroneous standard is significantly deferential.” Concrete Pipe and Prods. The court gives no deference to the lower court’s decision and applies the same standard as the district court. Trial Little surprises and drama at trial – both sides know what every witness or docoument will say, and if a witness’s testimony varies from that given in deposition, he will be promptly impeached w/ prior sworn testimony.United States Court of Appeals for the Eleventh Circuitįederal appellate courts typically apply one of the following four standards of review: P offered no rebuttal no indication from representation K that D breached a duty by failing to obtain an endorsement deal. o Holding : Here, P did not offer evidence to rebut witnesses who testified to P’s drug use every insurance company inquires about drug use. When the moving party has met this burden, the burden shifts to the other party to show that there is a genuine issue – they must come forward with specific facts showing so. Moving party bears initial responsibility of informing the court of the basis for its motion and identifying those portions of the record that it believes demonstrate the absence of a genuine issue of material fact. ![]() o Rule : SJ is appropriate if the moving party shows that the pleadings, depositions, answers to interrogatories, and admissions on file, together with any affidavits, show that there is no genuine issue as to any material fact and the moving party is entitled to JMOL. Also that D negotiated for endorsement K on P’s behalf and other players, failed to obtain the deal. ![]() P’s estate sued, claiming D failed to obtain $1m life insurance policy requested, and, in reliance, forewent purchasing one. Advantage International o P died of drug OD 2 days after being drafted. o Holding: Here, factual conclusions drawn by the courts are contradicted by the evidence presented. ![]() Evidence may not be weighed at this stage genuine factual disputes are to be decided by juries generally. For SJ purposes: evidence of non-movant is to believed, and all justifiable inferences are to be drawn in his favor. ![]()
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