Burden Of Persuasion

647 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Chandler v. United States
  218 F.3d 1305· 11th Cir.· 2000-07-21 ·cited 555×
  The en banc court held that the attorney's performance during the sentencing phase of the capital trial did not constitute ineffective assistance of counsel as a matter of law. The court found that the attorney's actions, including his limited investigation into mitigating eviden
• Mullaney v. Wilbur
  W.D. Pa.· 1975-06-09 ·cited 447×
  The Court's opinion, which the concurring justice joins, holds that the prosecution must prove every element of a crime beyond a reasonable doubt, but this does not conflict with the principle that a defendant may bear the burden of proving an affirmative defense like insanity.
• Loeb v. Textron, Inc.
  600 F.2d 1003· 1st Cir.· 1979-06-21 ·cited 394×
  The court held that the jury instructions regarding the prima facie case and the burden of proof in discrimination cases were erroneous, requiring reversal and remand. It also clarified that damages under the ADEA are limited to unpaid wages and liquidated damages, not future ear
• The Canal Auth. OF the State OF Fla. v. Callaway
  489 F.2d 567· 5th Cir.· 1974-02-15 ·cited 350×
• Am. Hoist & Derrick Co. v. Sowa & Sons, Inc.
  725 F.2d 1350· Fed. Cir.· 1984-01-12 ·cited 205×
  The court held that erroneous jury instructions regarding the burden of proof for patent invalidity and the requirements for nonobviousness necessitate a new trial. The court also reversed the dismissal of certain counterclaims.
• Dr. Robert E. Whiting, Ph.D. v. Jackson State Univ. & John A. Peoples
  616 F.2d 116· 5th Cir.· 1980-04-28 ·cited 203×
  The court held that sufficient evidence supported the jury's finding of racial discrimination, affirming the award of back pay, interest, and costs, but remanded the attorney fee award for lack of articulated reasoning.
• Stratoflex, Inc. v. Aeroquip Corp.
  713 F.2d 1530· Fed. Cir.· 1983-07-25 ·cited 170×
  The court held that patent claims for composite PTFE tubing were invalid as obvious and not infringed, as the prior art suggested the combination of materials and structure.
• Lincoln v. Bd. OF Regents OF THE Univ. Sys. OF Ga.
  697 F.2d 928· 11th Cir.· 1983-02-10 ·cited 160×
  The court held that the majority's rationale allows avoidance of the Dairy Queen rule regarding jury trials in combined legal and equitable actions, and that liability was imposed based on a time-barred discriminatory act, divesting the court of jurisdiction.
• United States v. Stricklin
  591 F.2d 1112· 5th Cir.· 1979-03-23 ·cited 150×
  The denial of a motion to dismiss an indictment on double jeopardy grounds is an appealable final order, and the burden of persuasion shifts to the government once the defendant makes a prima facie showing of former jeopardy.
• Fla. Dep't OF Transp. v. J. W. C. Co., Inc.
  396 So. 2d 778· Fla. 1st DCA· 1981-03-27 ·cited 126×
  The Florida Department of Transportation appealed the denial of its air pollution permit application for a highway widening project. The appellate court affirmed the denial, holding that the agency properly rejected DOT's motion to introduce new evidence after the formal hearing
• United States v. Hayes Int'l Corp.
  456 F.2d 112· 5th Cir.· 1972-02-22 ·cited 126×
  The court held that the transfer plan was inadequate, technical/clerical hiring practices may be discriminatory, and the back pay issue should be considered on its merits.
• Rodriguez v. Taylor
  569 F.2d 1231· 3d Cir.· 1977-12-27 ·cited 124×
  The court held that a plaintiff proving ADEA violation is entitled to back pay, but interim earnings must be offset, and the employer bears the burden of proving the plaintiff's lack of qualifications or incompatible interim employment.
• United States v. Hewitt
  663 F.2d 1381· 11th Cir.· 1981-12-18 ·cited 122×
  The court held that the evidence was sufficient to convict Chesser of aiding and abetting the use of an explosive to commit a felony, and that Chesser's double jeopardy claim based on a prior acquittal was meritless. The court also found no reversible error in the denial of a con
• Bell v. Birmingham Linen Serv.
  715 F.2d 1552· 11th Cir.· 1983-09-30 ·cited 120×
  The court held that the district court erred in applying the legal standards for a Title VII disparate treatment claim when direct evidence of discrimination was present, and remanded for further factual findings under the correct standard.
• Lovelace v. Sherwin-Williams Co.
  681 F.2d 230· 4th Cir.· 1982-06-15 ·cited 117×
  The court held that the circumstantial evidence presented by the plaintiff was insufficient to establish a reasonable probability that age was a determining factor in his demotion, thus affirming the grant of judgment notwithstanding the verdict.
• Holloway v. Clay E. McELROY
  632 F.2d 605· 5th Cir.· 1980-12-11 ·cited 115×
  The court held that the state impermissibly shifted the burden of persuasion on the issue of self-defense to the defendant, violating due process, and that the evidence was insufficient to support the conviction under the Jackson v. Virginia standard.
• In re Amendments to Fla. Rule of Civil Procedure 1.510
  309 So. 3d 192· Fla.· 2020-12-31 ·cited 111×
  The Florida Supreme Court amended Florida Rule of Civil Procedure 1.510 to adopt the federal summary judgment standard articulated in Celotex, Anderson, and Matsushita. The amendment aligns Florida's summary judgment practice with federal courts and 38 other states, effective May
• Gordon v. United States
  D.D.C.· 1967-09-18 ·cited 111×
  The court held that the trial judge did not abuse discretion in allowing impeachment by prior convictions, as the defendant failed to properly invoke the Luck standard and the convictions were relevant to credibility in a case hinging on witness veracity.
• Chipollini v. Spencer Gifts, Inc.
  814 F.2d 893· 3d Cir.· 1987-03-19 ·cited 105×
  The dissenting judge believes the plaintiff must show pretext specifically for age discrimination, not just any pretext, to survive summary judgment.
• United States v. Goodwin
  625 F.2d 693· 5th Cir.· 1980-09-12 ·cited 105×
  The court held that the trial judge erred by not conducting a proper inquiry into witnesses' Fifth Amendment claims and by denying a defendant's timely request for a subpoena for a material character witness.
• United States v. Read
  658 F.2d 1225· 7th Cir.· 1981-09-09 ·cited 104×
  The court held that the trial court's jury instructions on withdrawal from a conspiracy were erroneous because they improperly placed the burden of persuasion on the defendant, rather than requiring the government to disprove withdrawal beyond a reasonable doubt. However, withdra
• Sweeney v. Bd. OF Trs. OF Keene State Coll.
  604 F.2d 106· 1st Cir.· 1979-08-21 ·cited 104×
  The court held that the district court's finding that the plaintiff was denied a promotion due to sex discrimination was not clearly erroneous, affirming the judgment in her favor.
• Schapansky v. Dep't OF Transp.
  735 F.2d 477· Fed. Cir.· 1984-05-18 ·cited 96×
  The court held that the Merit Systems Protection Board correctly sustained the removal of an air traffic controller for participating in an illegal strike against the government, finding the charges proven, the penalty appropriate, and the procedures followed lawful.
• Franqui v. State
  699 So. 2d 1332· Fla.· 1997-07-03 ·cited 90×
  Leonardo Franqui was convicted of first-degree murder of a police officer and sentenced to death. The Florida Supreme Court affirmed his convictions but reversed his death sentence, finding that the admission of a codefendant's confession violated his Sixth Amendment right to con
• United States v. Warren
  612 F.2d 887· 5th Cir.· 1980-02-11 ·cited 88×
  The majority opinion reversed the convictions without addressing the concurrent sentence doctrine, setting a precedent that clearly mandated reversals should be reviewed even if sentences are concurrent.
• Eligh Watkins v. Scott Paper Co.
  530 F.2d 1159· 5th Cir.· 1976-04-29 ·cited 88×
  The court held that the employer's implementation of a Memorandum of Understanding to remedy past discrimination was inadequate, particularly regarding communication of rights and the use of waiver forms, and that certain limitations on remedial measures like red circling were in
• Caldwell v. Division of Retirement
  372 So. 2d 438· Fla.· 1979-06-14 ·cited 87×
  The Florida Supreme Court held that a statutory presumption that a fireman's heart disease is presumed to arise from line-of-duty employment can only be rebutted by clear and convincing evidence of a specific non-work-related cause, not merely by conflicting medical testimony. Th
• United States v. Caldwell
  543 F.2d 1333· D.C. Cir.· 1974-12-31 ·cited 87×
  The court denied petitions for rehearing en banc, adhering to its prior decision that the District Court was constitutionally authorized to instruct the jury that appellants bore the burden of proving their insanity defenses.
• Leon v. Millon AIR, Inc.
  251 F.3d 1305· 11th Cir.· 2001-05-21 ·cited 86×
  Ecuadorian citizens injured in a cargo plane crash in Ecuador sued the aircraft operator in federal court in Florida. The district court dismissed the case on forum non conveniens grounds, finding Ecuador an adequate alternative forum despite concerns about its judicial system's
• United States v. Inmon
  568 F.2d 326· 3d Cir.· 1977-11-28 ·cited 86×
  Denial of a motion to dismiss an indictment on double jeopardy grounds is an appealable final decision, and the government bears the burden of proving separate offenses by a preponderance of the evidence once the defendant makes a non-frivolous showing.
• Rockwell v. Commissioner OF Internal Revenue
  512 F.2d 882· 9th Cir.· 1975-03-10 ·cited 86×
  The court held that the Tax Court did not err in finding that the properties were held primarily for sale in the ordinary course of trade or business, and that the taxpayer bore the burden of proof for substantiating deductions and tax mitigation claims.
• Roginsky v. Richardson-Merrell, Inc.
  378 F.2d 832· 2d Cir.· 1967-04-04 ·cited 84×
  The court affirmed the award of compensatory damages for injuries allegedly caused by the drug MER/29, finding sufficient evidence of causation for the jury to consider. However, the court reversed the award of punitive damages, concluding that the evidence was insufficient to wa
• Universal Ins. Co. OF N. Am. v. Warfel
  82 So. 3d 47· Fla.· 2012-01-26 ·cited 83×
  Universal Insurance argues that a statutory presumption in section 627.7073(1)(c)—that engineer and geologist reports on sinkhole claims are correct—should be treated as a presumption affecting the burden of proof under Florida Evidence Code section 90.304. The Florida Supreme Co
• Dorsey v. State
  868 So. 2d 1192· Fla.· 2003-12-18 ·cited 81×
  The Florida Supreme Court held that a peremptory challenge based on a juror's nonverbal behavior (such as apparent lack of interest) cannot be sustained unless the behavior is observed by the trial court and confirmed on the record, even when the proponent asserts a race-neutral
• Bibbs v. Block
  778 F.2d 1318· 8th Cir.· 1985-12-11 ·cited 79×
  The court held that the employer must prove by clear and convincing evidence that the plaintiff would not have been promoted absent discrimination.
• Gilkerson v. Toastmaster, Inc.
  770 F.2d 133· 8th Cir.· 1985-08-14 ·cited 79×
  The court held that while there was sufficient evidence for a jury to find age discrimination, there was insufficient evidence to support a finding of willful violation for liquidated damages.
• Miles v. M.N.C. Corp.
  750 F.2d 867· 11th Cir.· 1985-01-15 ·cited 79×
  The court held that the district court erred in excluding evidence of a racial slur and in making clearly erroneous findings of fact, requiring reversal and remand.
• Bumble BEE Seafoods & Great Am. Ins. Co. v. Dir., Off. OF Workers' Comp. Programs, United States Dep't of Labor
  629 F.2d 1327· 9th Cir.· 1980-10-10 ·cited 79×
  The court held that the employer bore the burden of proving the availability of specific jobs the claimant could perform, and the evidence presented did not meet this burden.
• Kirby v. Colony Furniture Co., Inc.
  613 F.2d 696· 8th Cir.· 1980-01-09 ·cited 78×
  The court held that the district court's finding of no classwide discrimination regarding the leadman classification was not clearly erroneous due to a lack of evidentiary support for the appellants' claims.
• State v. Carlton Rolle
  560 So. 2d 1154· Fla.· 1990-03-01 ·cited 77×
  The Florida Supreme Court reversed the Fourth District Court of Appeal and upheld the constitutionality of Florida's drunk driving statute and jury instruction that allowed proof of a blood-alcohol level of 0.10% or higher to establish impairment. The Court held that the statute
• Stephens v. Kemp
  846 F.2d 642· 11th Cir.· 1988-04-22 ·cited 77×
  The court held that a jury instruction creating a presumption of intent is unconstitutional but the error was harmless because the defendant raised self-defense, thereby conceding the intent to kill, and alternatively, the evidence of intent was overwhelming. The court also held
• Davis v. State
  691 So. 2d 1180· Fla. 3d DCA· 1997-04-23 ·cited 76×
  Davis was convicted of armed robbery, attempted murder, and other charges and sentenced to 17.27 years. On appeal, he challenged a peremptory strike of an African-American juror as racially discriminatory and argued the trial judge failed to make explicit findings of genuineness.
• Marcel Verbraeken v. Westinghouse Elec. Corp.
  881 F.2d 1041· 11th Cir.· 1989-08-29 ·cited 76×
  The court affirmed the denial of Westinghouse's motions for judgment notwithstanding the verdict and new trial, but remanded for the district court to explain its denial of Mr. Verbraeken's requested supplemental relief.
• Diann Walker v. Mortham
  158 F.3d 1177· 11th Cir.· 1998-10-28 ·cited 75×
  Black employees and applicants for employment with the State of Florida brought a Title VII class action against the State and its Secretary of State, alleging a pattern and practice of racial discrimination in employment decisions. The class was decertified for inadequacy of rep
• Kunda v. Muhlenberg Coll.
  621 F.2d 532· 3d Cir.· 1980-02-19 ·cited 75×
  The court held that a district court's unconditional grant of tenure, conditioned only on obtaining a master's degree, was improper without a specific finding of fact, supported by evidence, that the plaintiff would have been granted tenure absent discrimination.
• Presnell v. Kemp
  835 F.2d 1567· 11th Cir.· 1988-01-11 ·cited 74×
  The court held that the cause and prejudice standard from Wainwright v. Sykes applies to claims barred by a state's successive petition rule, and the petitioner bears the burden of proving cause and prejudice.
• GAY v. Waiters' & Dairy Lunchmen's Union
  694 F.2d 531· 9th Cir.· 1982-08-24 ·cited 74×
  A district court's determination that a plaintiff failed to establish a prima facie case of intentional discrimination under § 1981 is a question of law reviewable de novo, not a finding of fact subject to the clearly erroneous standard.
• Hayes v. State
  94 So. 3d 452· Fla.· 2012-04-05 ·cited 72×
  The Florida Supreme Court reversed the First District's affirmance of a trial court's denial of a defendant's peremptory challenge to a female juror, holding that the trial court misapplied the three-step Melbourne procedure for detecting discrimination in peremptory challenges b
• Tice v. Lampert Yards, Inc.
  761 F.2d 1210· 7th Cir.· 1985-05-06 ·cited 72×
  The court held that the plaintiff failed to present sufficient evidence to support a jury verdict of age discrimination, and the employer's decision to close an unprofitable millshop was a legitimate business decision.
• United States v. Jessup
  757 F.2d 378· 1st Cir.· 1985-02-25 ·cited 72×
  The court held that the Bail Reform Act's rebuttable presumption for serious drug offenses does not violate due process and that Congress acted within its constitutional limits in creating it.