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· 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 CourtListener

Sourced 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.