· 11/17/1981
Thomas A. Beardshall and Annamae Beardshall, His Wife v. Minuteman Press International, Inc.
Citations
- 664 F.2d 23
- 32 Fed. R. Serv. 2d 1449
- 1981 U.S. App. LEXIS 15929
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- explaining that because of the Supreme Court of Pennsylvania’s holding that fraud must be proved by a higher standard than by a preponderance of the evidence, that higher standard governs fraud claims in diversity suits in federal court in Pennsylvania
- finding plain error based on erroneous jury instruction in civil fraud case
- proper to apply doctrine only if failure to consider error \would result in a miscarriage of justice\
- in civil case, it was plain error to instruct jury that plaintiff need only prove fraud by preponderance of evidence rather than clear and convincing evidence
- \[T]he failure to object to jury instructions and the consequences thereof are procedural and are to be governed by federal law.\
Source: CourtListener parenthetical corpus (CC0).
Judges: Hunter, Rosenn, Weis
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.