Burden Of Persuasion

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

• Gordon v. Comm'r of Soc. Sec.
  M.D. Fla.· 2021-03-31
  The court affirmed the Commissioner's decision, finding the ALJ's denial of Social Security disability benefits was supported by substantial evidence and proper legal standards.
• Ramos v. Comm'r of Soc. Sec.
  M.D. Fla.· 2021-03-15
  The court affirmed the Commissioner's decision, finding the ALJ's determination of disability was supported by substantial evidence and that any alleged errors were harmless.
• Regina v. The Weiss Gifted & Talented Sch., Inc.
  S.D. Fla.· 2021-03-08
  A 56-year-old assistant head of school sued her private Florida school for age discrimination after her position was eliminated during a financial restructuring, but the court granted the school's motion for summary judgment, finding that the plaintiff failed to produce any direc
• Gable v. Comm'r of Soc. Sec.
  M.D. Fla.· 2020-09-17
  The court held that the ALJ failed to provide good cause for discounting the opinions of treating physicians and failed to adequately articulate reasons for rejecting the claimant's testimony regarding her symptoms.
• Navarra v. Wilson
  M.D. Fla.· 2020-09-03
  The court held that the plaintiff failed to establish the necessary prerequisites for a preliminary injunction.
• Rodriguez v. Fed. Bureau of Prisons
  M.D. Fla.· 2020-03-19
  The court denied the motion for injunctive relief and dismissed the case without prejudice.
• Dicks v. Comm'r of Soc. Sec.
  M.D. Fla.· 2020-03-09
  The court affirmed the Commissioner's decision, finding the ALJ adequately considered the claimant's pain complaints and developed a sufficient record.
• Berouty v. State
  Fla. 2d DCA· 2020-02-07
  Improper prosecutorial closing argument comments that were not contemporaneously objected to do not constitute fundamental error warranting reversal unless they reach down into the validity of the trial itself such that a guilty verdict could not have been obtained without the er
• Nuvasive, Inc. v. LeDuff
  M.D. Fla.· 2019-11-13
  The court held that the plaintiff failed to meet its burden of persuasion for a preliminary injunction because it did not provide sufficient evidence that the restrictive covenants were reasonably necessary to protect its legitimate business interests.
• Roland Corp. v. inMusicBrands, Inc.
  S.D. Fla.· 2019-09-24
  The court held that while the volume of requests for admission was not per se excessive given the case's complexity, they were premature and could not be answered until the court ruled on claim construction.
• Testoni v. Comm'r of Soc. Sec.
  M.D. Fla.· 2019-08-14
  The court held that the ALJ's decision denying disability benefits was supported by substantial evidence, as the ALJ properly accounted for the claimant's moderate limitations in concentration, persistence, or pace by limiting her to simple, routine tasks and unskilled work.
• Employbridge & Gallagher Bassett Servs., Inc. v. Viviana Llanes Rodriguez
  255 So. 3d 453· Fla. 1st DCA· 2018-09-07
  An injured employee cannot refuse suitable employment offered by an employer and continue to receive workers' compensation benefits merely on the basis of ordinary, manageable, or self-imposed commuting limitations. The record did not support the JCC's finding that the claimant's
• Berube v. State
  198 So. 3d 698· Fla. 2d DCA· 2016-01-15
  The court held that under Griffin v. State, an erroneous jury instruction on a lesser included offense constitutes fundamental error requiring reversal and a new trial, even if the evidence of guilt is overwhelming, unless the defendant expressly concedes the disputed element.
• Canmore Consultants Ltd. v. Civil Action No. 8645-VCG L.O.M. Med. Int'l, Inc.
  Del. Ch.· 2013-09-19
  The Court held that under 8 Del. C. § 223(c), the burden of persuasion rests with the stockholders petitioning for a special election to fill board vacancies. The petitioners must demonstrate that the equities favor such an election, and the financial inability of the corporation
• Stokes v. Schindler Elevator Corp./Broadspire
  60 So. 3d 1110· Fla. 1st DCA· 2011-05-09
  A workers' compensation death benefits case where the court reversed the Judge of Compensation Claims' denial of benefits, holding that the JCC improperly relied on a non-physician toxicologist's testimony regarding medical causation and erroneously rejected two pathologists' opi
• Sanders v. Sellers-Earnest
  768 F. Supp. 2d 1180· M.D. Fla.· 2010-06-11
  The seller of a pre-construction condominium unit appeals a trial court's summary judgment for the buyer, arguing the sales contract was authorized under the Interstate Land Sales Full Disclosure Act (ILSFDA) and not subject to revocation.
• Int'l Seaway Trading Corp. v. Walgreens Corp.
  599 F. Supp. 2d 1307· S.D. Fla.· 2009-01-22
  The court held that the plaintiff's design patent was invalid because it was anticipated by prior art, specifically the Crocs '789 patent, and thus lacked the required uniqueness and inventiveness.
• Pickett v. Astrue
  617 F. Supp. 2d 1165· M.D. Fla.· 2008-08-13
  The court affirmed the Commissioner's decision, finding the ALJ properly assessed the plaintiff's residual functional capacity and credibility.
• Cancel v. State
  985 So. 2d 1127· Fla. 5th DCA· 2008-06-06
  Carlos Cancel was convicted of second-degree murder with a weapon for killing Benjamin Finley with a bat during a confrontation outside a liquor store. Cancel appealed, claiming the trial court erred by instructing the jury on the forcible felony exception to self-defense justifi
• Kieser v. Old Line Life Ins. Co. of Am.
  735 So. 2d 612· Fla. 1st DCA· 1999-07-15
  Court affirmed the award of attorney fees for lack of competent evidence to overturn it, but reversed and remanded because the trial court's order lacked required findings of fact regarding hours expended and hourly rates.
• Lamontague v. State
  728 So. 2d 1181· Fla. 5th DCA· 1999-02-12
  The court held that the jury instruction regarding blood alcohol level was not unconstitutional and did not shift the burden of proof to the defense. The amendment to add a second count was also proper.
• United States v. Fiandor
  874 F. Supp. 1358· S.D. Fla.· 1995-01-13
  The court held that a defendant's voluntary surrender, while relevant to flight risk, is insufficient to rebut the statutory presumption of dangerousness arising from a serious drug offense, and thus pretrial detention is warranted.
• Osborne Stern & Co., Inc. v. Dep't of Banking & Fin.
  647 So. 2d 245· Fla. 1st DCA· 1994-11-18
  The Florida District Court of Appeal reversed a Department of Banking and Finance order denying securities registration and imposing fines, holding that the Department must prove alleged violations by clear and convincing evidence (not preponderance) and that applicants must be p
• Suniga v. R.J. Bunnell
  998 F.2d 664· 9th Cir.· 1993-07-02
  The court held that instructing the jury on a non-existent felony-murder theory, which was not relied upon by the prosecution, so infected the trial as to violate due process, requiring reversal of the habeas corpus denial.
• United States v. ALT
  996 F.2d 827· 6th Cir.· 1993-06-18
• Stacks v. Sw. Bell Yellow Pages, Inc.
  996 F.2d 200· 8th Cir.· 1993-06-18
  The court held that the district court erred by failing to make specific findings regarding the Price Waterhouse "mixed motives" framework, requiring a remand for supplemental findings.
• Bruner v. Off. OF Pers. Mgmt.
  996 F.2d 290· Fed. Cir.· 1993-06-14
  The court held that when an agency terminates an employee for disability, this creates a presumption of disability that shifts the burden of production to the government in subsequent disability annuity proceedings.
• Grizzle v. Pickands Mather AND Company/Chisolm Mines
  994 F.2d 1093· 4th Cir.· 1993-06-02
  The dissenting judge would remand the case for reconsideration under the 'substantially contributing cause of death' standard and to address the validity of the 'true doubt' rule.
• Phelps v. Yale Sec., Inc.
  986 F.2d 1020· 6th Cir.· 1993-02-26
  The court held that the plaintiff failed to present sufficient evidence that age was a determining factor in her discharge, thus affirming the judgment notwithstanding the verdict.
• Charlett Marie Harper v. Frank
  985 F.2d 285· 6th Cir.· 1993-02-08
  The court held that the Postal Reorganization Act (PRA) does not imply a private right of action for postal employees to seek judicial review of nonadverse personnel decisions, such as a denial of promotion, based on an agency's failure to follow its own regulations.
• United States v. Mauricio Rueben and Gerardo Guerra
  974 F.2d 580· 5th Cir.· 1992-09-24
  The court held that the district court abused its discretion by revoking the pretrial detention order for defendants charged with drug offenses, as the evidence did not support a finding that they were not flight risks or dangers to the community.
• Karras v. Leapley
  974 F.2d 71· 8th Cir.· 1992-09-01
  The court held that the jury instruction, when read as a whole, did not create an unconstitutional mandatory presumption, and therefore did not relieve the state of its burden of proof.
• Rouleau v. Meachum
  974 F.2d 8· 2d Cir.· 1992-08-27
  The court held that any error in the jury instruction concerning duress was harmless with respect to the robbery conspiracy charge, and therefore reversed the grant of a conditional writ of habeas corpus.
• Equal Emp. Opportunity Comm'n v. Ackerman
  956 F.2d 944· 10th Cir.· 1992-02-10
  The court held that the employer violated the Pregnancy Discrimination Act by terminating an employee due to her pregnancy, as the employer's stated reason of insubordination was a pretext for discrimination.
• Morgan v. Shirley
  958 F.2d 662· 6th Cir.· 1992-01-27
  The court held that the use of a statutory presumption as evidence in a DUI case did not violate due process by impermissibly shifting the burden of persuasion to the defendant.
• In re Under Seal. John DOE 1 v. John DOE 3
  945 F.2d 1285· 4th Cir.· 1991-09-27
  The court held that summary judgment for the defendant corporation was proper because the plaintiffs could not establish the elements of malicious interference with business under Maryland law, especially given the invocation of the state secrets privilege which prevented further
• E.T. Horn Co. v. The United States
  945 F.2d 1540· Fed. Cir.· 1991-09-18
  The court held that the U.S. Customs Service correctly classified PEHA bottoms as chemical mixtures and that BHMT residues were properly classifiable as other mixtures, affirming the grant of summary judgment.
• United States v. Stricklin
  932 F.2d 1353· 10th Cir.· 1991-05-08
  The court held that the district court erred in ordering pretrial release when the presumption of detention under 18 U.S.C. § 3142(e) was properly invoked and not rebutted by the defendant.
• Getty v. Commissioner OF Internal Revenue
  913 F.2d 1486· 9th Cir.· 1990-09-14
  The court held that the $10 million settlement payment received by the taxpayer was excludable from gross income because the taxpayer met the burden of proving it was acquired by bequest of property, not income from property.
• Weyman H. House, Jr. v. Lavoie
  843 F.2d 474· 11th Cir.· 1988-04-27
  The court held that even if the jury instruction unconstitutionally shifted the burden of persuasion, the error was harmless beyond a reasonable doubt due to overwhelming evidence of intent and malice.
• Radford v. Seaboard Sys. R.R., Inc.
  828 F.2d 1552· 11th Cir.· 1987-10-06
  The court held that the district court did not err in granting a directed verdict on the wantonness claim, in its jury instructions regarding statutory compliance and sign adequacy, or in excluding evidence of subsequent remedial measures and a photograph.
• Al Mancuso v. Scully
  824 F.2d 154· 2d Cir.· 1987-07-27
  The court held that recent Supreme Court decisions did not alter the prior ruling that the jury instructions in Mancuso's felony murder trial were harmless error and did not violate Sandstrom v. Montana.
• Coleman v. Butler
  816 F.2d 1046· 5th Cir.· 1987-05-15
  The court held that the jury instruction regarding the presumption from unexplained possession of recently stolen property did not create an unconstitutional mandatory presumption, and thus affirmed the conviction.
• Burton v. State OF Ohio
  798 F.2d 164· 6th Cir.· 1986-08-06
  The court held that the Parole Authority met its burden of production by articulating a legitimate, nondiscriminatory reason for not promoting the plaintiff.
• Monroe v. Burlington Indus., Inc.
  784 F.2d 568· 4th Cir.· 1986-02-28
  The court held that the district court's findings of race discrimination and pretext were not clearly erroneous, affirming the judgment in favor of the plaintiff.
• Rook v. Rice
  783 F.2d 397-401· 4th Cir.· 1986-01-31
  The court held that the jury instruction regarding malice did not unconstitutionally shift the burden of persuasion to the defendant. However, the judge writing separately believes the death sentence procedure violated constitutional rights.
• Simpson v. Home Petroleum Corp. & Home Oil Corp.
  770 F.2d 499· 5th Cir.· 1985-09-12
  The court held that the plaintiff bears the burden of persuasion to prove that a worker was an employee, not an independent contractor, when seeking to establish vicarious liability under respondeat superior.
• Powell v. Heckler
  736 F.2d 633· 11th Cir.· 1984-07-17
  The court held that the administrative law judge's decision denying disability benefits was supported by substantial evidence, including vocational expert testimony.
• Campos v. NEW England Oyster House
  711 F.2d 158· 11th Cir.· 1983-08-04
  The court affirmed the district court's judgment for the plaintiff on the discrimination claim but reversed the award of attorney's fees due to counsel's failure to file a brief.
• United States v. Bailey
  707 F.2d 19· 1st Cir.· 1983-05-23
  The court held that the district court's finding of $1 value for the stock was not clearly erroneous, and the government failed to meet its burden of proof regarding higher value.