Burden Of Persuasion

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

• Patrick M. Duffy, M.D. v. Brooker
  614 So. 2d 539· Fla. 1st DCA· 1993-01-21 ·cited 40×
  The court affirmed sanctions against a medical malpractice insurer for failing to comply with Florida's presuit investigation requirements by providing an inadequate corroborating medical expert opinion when denying a claim. The court interpreted Florida Statutes chapter 766 to r
• United States v. Bakker
  925 F.2d 728· 4th Cir.· 1991-02-11 ·cited 40×
  The court affirmed the conviction but vacated the sentence, finding that while the trial was free of reversible error, the sentencing proceeding was compromised by the trial judge's remarks, depriving the defendant of due process.
• Application of Victor Mills
  281 F.2d 218· C.C.P.A.· 1960-08-11 ·cited 40×
  The court held that the Board of Appeals erred in relying on a "legal presumption" of unpatentability for a remote homologue without sufficient factual support.
• Halprin v. Mora
  231 F.2d 197· 3d Cir.· 1956-03-15 ·cited 40×
  The court held that the jury's findings of no negligence were reasonable given the evidence and that the plaintiff failed to preserve issues regarding jury confusion and inconsistent answers.
• Mesnick v. Gen. Elec. Co.
  950 F.2d 816· 1st Cir.· 1991-12-16 ·cited 39×
  The court held that while the plaintiff raised a triable issue of fact regarding pretext, he failed to provide sufficient evidence of age discrimination or retaliation to survive summary judgment.
• Crawford v. W. Elec. Co., Inc.
  745 F.2d 1373· 11th Cir.· 1984-11-05 ·cited 39×
  The court held that the employer failed to articulate legally sufficient, specific, and timely reasons to rebut the prima facie cases of discrimination for several appellants, but successfully rebutted the claims of others.
• A.C. Aukerman Co. v. R.L. Chaides Constr. Co.
  960 F.2d 1020· Fed. Cir.· 1992-03-31 ·cited 38×
  The court adopted a modified six-year presumption of laches, where delay and harm are presumed but any genuine issue of fact bursts the presumption.
• Bowen v. Kemp
  832 F.2d 546· 11th Cir.· 1987-10-22 ·cited 38×
• Steele v. Taylor
  684 F.2d 1193· 6th Cir.· 1982-07-28 ·cited 38×
  The dissenting judge believes the defendants were deprived of their Sixth Amendment right to confrontation due to the admission of double hearsay evidence, and that the waiver of this right was improperly found.
• United States v. Schreiber
  599 F.2d 534· 3d Cir.· 1979-05-03 ·cited 38×
  The court held that the trial judge did not commit plain error by failing to sua sponte recuse himself, as the appellant's claims of bias were not supported by the record and the appellant had waived any potential issues by proceeding with the bench trial.
• Flores v. United States
  551 F.2d 1169· 9th Cir.· 1977-04-11 ·cited 38×
  The court held that the government bears the burden of proving a nexus between the seized property and the taxpayer, and in this case, the government failed to meet that burden, making the levy wrongful.
• United States v. Jett
  491 F.2d 1078· 1st Cir.· 1974-02-08 ·cited 38×
  The court held that the defendant's claims regarding entrapment, the informant's role, and the indictment's basis were insufficient to warrant acquittal or a new trial.
• Memwaldy Curtis v. State
  685 So. 2d 1234· Fla.· 1996-10-10 ·cited 36×
  Curtis was convicted of first-degree murder, attempted first-degree murder, and robbery in a store shooting that killed one clerk. The Florida Supreme Court affirmed his convictions but reversed his death sentence as disproportionate, remanding for imposition of life without paro
• Flamm v. Eberstadt
  814 F.2d 1169· 7th Cir.· 1987-03-09 ·cited 36×
  The court held that the specific facts of the case did not support a finding of nondisclosure or misrepresentation violating securities laws.
• Presbyterian/ST. Luke's Med. Ctr. v. Nat'l Labor Relations Bd.
  653 F.2d 450· 10th Cir.· 1981-07-08 ·cited 36×
  The court held that the National Labor Relations Board erred in presuming a single facility bargaining unit appropriate for registered nurses in a health care system and in applying a presumption that shifted the burden of proof, contrary to congressional intent and federal rules
• In re the Arb. between Karavos Compania Naviera S. A. v. Atlantica Exp. Corp.
  588 F.2d 1· 2d Cir.· 1978-11-15 ·cited 36×
  The court held that the district court erred in finding that Repetti had actual or apparent authority to charter a vessel on behalf of Atlántica, and that Atlántica was not estopped from denying such authority.
• Chicago Rawhide Mfg. Co. v. Crane Packing Co.
  523 F.2d 452· 7th Cir.· 1975-09-30 ·cited 36×
  The court held that the patent was invalid as obvious, and that the plaintiff failed to prove fraud or inequitable conduct by the defendant.
• United States ex rel. Charles Grays v. Rundle
  428 F.2d 1401· 3d Cir.· 1970-07-17 ·cited 36×
  A counseled guilty plea, even if motivated by a potentially coerced confession, is valid against collateral attack if the defendant cannot prove gross error by counsel.
• Murray v. State
  937 So. 2d 277· Fla. 4th DCA· 2006-09-13 ·cited 35×
  Murray was charged with aggravated battery after a fight with his roommate. He claimed self-defense, asserting the roommate initiated the assault with a knife. The appellate court reversed his conviction because the trial court erroneously instructed the jury that Murray had to p
• Carenza v. SUN Int'l Hotels, Ltd.
  699 So. 2d 830· Fla. 4th DCA· 1997-10-01 ·cited 35×
  The court held that a trial court must adequately consider each step of the forum non conveniens test and that a defendant's motion must be supported by sworn proof.
• Brand v. Fla. Power Corp.
  633 So. 2d 504· Fla. 1st DCA· 1994-03-07 ·cited 35×
  Brand appealed a dismissal of his employment discrimination complaint based on handicap (asbestosis) under Florida's Human Rights Act. The court affirmed, holding that Section 504 of the Rehabilitation Act criteria—not the McDonnell Douglas-Burdine test—govern handicap discrimina
• In re Berwyn E. Etter
  756 F.2d 852· Fed. Cir.· 1985-02-27 ·cited 35×
  The concurrence argues that a patent should be accorded the presumption of validity even in a reexamination proceeding, contrary to the majority's view.
• State v. Donn A. Duncan
  894 So. 2d 817· Fla.· 2004-11-24 ·cited 34×
  Duncan, convicted of murdering his fiancée in 1990 and sentenced to death, appealed the trial court's grant of a new penalty phase based on ineffective assistance of counsel. The Florida Supreme Court affirmed, holding that penalty phase counsel was ineffective for failing to pre
• United States v. Windfelder
  790 F.2d 576· 7th Cir.· 1986-05-07 ·cited 34×
  The court held that the trial court did not err in admitting expert testimony regarding the defendant's intentions and Lauretta Windfelder's intent, nor did it err in its jury instructions, and any error in admitting testimony about the defendant's intent was harmless.
• DeGEORGE v. Bernier
  768 F.2d 1318· Fed. Cir.· 1985-07-19 ·cited 34×
  The court held that the Board of Patent Interferences erred in applying an improper burden of persuasion, misinterpreting the patent count, and incorrectly concluding the disclosure was not enabling and lacked best mode. Priority was awarded to the senior party.
• Stevenson v. Sears
  713 F.2d 705· Fed. Cir.· 1983-07-27 ·cited 34×
  A patentee may be collaterally estopped from asserting patent validity if previously held invalid, even with inconsistent prior rulings, provided a full and fair opportunity to litigate existed; attorney fees require exceptional circumstances.
• Jinks Adkins, Jr. v. Bordenkircher
  674 F.2d 279· 4th Cir.· 1982-03-24 ·cited 34×
  The court held that the alibi instruction unconstitutionally shifted the burden of persuasion, but the double jeopardy claim was barred because the defendant's own motion necessitated the mistrial, and the failure to transcribe a hearing did not violate due process.
• Assure Competitive Transp., Inc. v. United States & Interstate Commerce Comm'n
  629 F.2d 467· 7th Cir.· 1980-08-07 ·cited 34×
  The court held that challenges to Interstate Commerce Commission (ICC) orders must be brought in the court of appeals, not the district court, and that a quorum of the ICC consists of a majority of its currently serving members, not a majority of its full statutory complement.
• The Ansul Co. v. Uniroyal, Inc.
  448 F.2d 872· 2d Cir.· 1971-04-29 ·cited 34×
  The court denied Daly-Herring's petition for rehearing, finding its arguments regarding treble damages were either not sufficiently proven or not properly raised.
• Mills v. The Elec. Autolite Co.
  403 F.2d 429· 7th Cir.· 1968-11-25 ·cited 34×
  The court held that while the proxy statement contained a material omission regarding director conflicts of interest, there remains a triable issue of fact as to whether this omission caused the merger to be approved, thus reversing the summary judgment on liability.
• United States v. Storie Lynn Orta
  760 F.2d 887· 8th Cir.· 1985-04-29 ·cited 33×
  The court held that the district court improperly required a "guarantee" beyond the statute's language, but the evidence was sufficient to deny pretrial release due to danger to the community.
• Treadwell v. Alexander
  707 F.2d 473· 11th Cir.· 1983-06-16 ·cited 33×
  The court held that evidence of events occurring after the employer's decision to deny employment is irrelevant to determining discrimination, and that the employer met its burden of showing job-related criteria and undue hardship for accommodation.
• Hight v. State
  253 So. 3d 1137· Fla. 4th DCA· 2018-08-08 ·cited 32×
  A statutory amendment to the Stand Your Ground law that shifts the burden of persuasion and proof from the defendant to the state constitutes a substantive change in the law and applies only prospectively from its effective date, not retroactively to cases completed before enactm
• Agee Allen and Ronald Battle v. Seidman
  881 F.2d 375· 7th Cir.· 1989-07-27 ·cited 32×
  The court held that the district court erred in placing the burden of persuasion on the employer regarding business necessity for a promotion test, and remanded for reconsideration under the correct legal standard after Wards Cove.
• United States v. Bendis
  681 F.2d 561· 9th Cir.· 1981-09-15 ·cited 32×
  The court held that the Hawaii indictment was not barred by double jeopardy and that the prosecution was not vindictive, affirming the district court's denial of the motions to dismiss.
• Hensley v. Wash. Metro. Area Transit Auth.
  655 F.2d 264· D.C. Cir.· 1981-03-17 ·cited 32×
  The majority opinion reversed the Administrative Law Judge and Benefits Review Board, finding no substantial evidence contradicting the presumption of coverage for the claimant's condition.
• Sec. & Exch. Comm'n v. Koracorp Indus., Inc.
  575 F.2d 692· 9th Cir.· 1978-02-06 ·cited 32×
  Summary judgment for most defendants is reversed because the district court improperly allocated the burden of proof and genuine issues of material fact existed regarding culpability and likelihood of future violations. Summary judgment for Andersen is affirmed because no materia
• Winnie Mae Knuckles v. Caspar Weinberger
  511 F.2d 1221· 9th Cir.· 1975-01-02 ·cited 32×
  The court held that the district court erred in dismissing the action for lack of jurisdiction, as the issues raised must be determined by the trial court.
• Pennzoil Co. v. Fed. Energy Regulatory Comm'n
  789 F.2d 1128· 5th Cir.· 1986-05-14 ·cited 31×
  The court held that the Federal Energy Regulatory Commission (FERC) fundamentally misconstrued this Court's prior decision in Pennzoil by misapplying the Order 23 presumption and failing to properly construe contract language under state law.
• Sweeney v. The Research Found. OF the State Univ. OF NEW York
  711 F.2d 1179· 2d Cir.· 1983-06-29 ·cited 30×
  The court held that the plaintiff failed to prove sex discrimination under Title VII, as the employer articulated legitimate, non-discriminatory reasons for its employment decisions, and the plaintiff did not demonstrate these reasons were pretextual.
• Consol. Edison Co. OF NEW York, Inc. v. Donovan
  673 F.2d 61· 2d Cir.· 1982-03-08 ·cited 30×
  The court held that the employer failed to prove by a preponderance of the evidence that the employee would have been dismissed solely for threatening his supervisor, absent his protected activity of complaining about safety hazards.
• T & S Serv. Assocs., Inc. v. Crenson
  666 F.2d 722· 1st Cir.· 1981-12-17 ·cited 30×
  The court held that the district court erred in its application of the McDonnell Douglas framework to the public bidding context and in its assessment of damages, vacating the judgment and remanding for further proceedings.
• Robinson v. Union Carbide Corp.
  538 F.2d 652· 5th Cir.· 1976-09-10 ·cited 30×
  The court held that while the district court correctly found no discrimination in hiring practices and properly implemented an 'opt-in' notice for back pay claims, it erred in finding no discrimination in the company's promotion practices.
• Nat'l By-Products, Inc. v. The United States
  405 F.2d 1256· Ct. Cl.· 1969-01-24 ·cited 30×
  The court held that the Government's representations regarding the construction of a right-bank levee did not constitute a binding contractual obligation due to a material misunderstanding of the parties' intentions and the lack of mutual assent on that specific issue.
• Mason v. Mathiasen Tanker Indus.
  298 F.2d 28· 4th Cir.· 1962-01-03 ·cited 30×
  The court held that submitting the issue of contributory negligence to the jury was an error that may have affected the damages award, entitling the plaintiff to a new trial solely on the issue of damages.
• United States v. Verrusio
  803 F.2d 885· 7th Cir.· 1986-10-09 ·cited 29×
  The court held that the district court erred in denying the defendant's motion to dismiss charges that violated a plea agreement, and that the government must prove a breach of a plea agreement by a preponderance of the evidence.
• United States v. Dominguez
  783 F.2d 702· 7th Cir.· 1986-02-13 ·cited 29×
  The government's request for pretrial detention was timely even if made after the initial appearance in a non-charging district, and the presumption of dangerousness can be rebutted by evidence of the defendant's stability and lack of criminal history.
• Hill v. Seaboard Coast Line R.R. Co.
  767 F.2d 771· 11th Cir.· 1985-08-02 ·cited 29×
  The court held that the disparate impact claim should not have been dismissed and remanded the disparate treatment claim due to conflicting findings on employee qualifications.
• Catrett v. Johns-Manville Sales Corp.
  756 F.2d 181· D.C. Cir.· 1985-03-08 ·cited 29×
  A party moving for summary judgment must first meet its burden of showing the absence of a genuine issue of material fact; the opposing party is only required to respond if the movant's motion is properly supported.
• Franklin v. Francis
  720 F.2d 1206· 11th Cir.· 1983-11-16 ·cited 29×
  A jury instruction creating a mandatory rebuttable presumption that a person intends the natural consequences of their voluntary acts unconstitutionally shifts the burden of proof on the element of intent, violating due process.