Burden Of Persuasion

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

• Fish & Wildlife Conservation Comm'n v. Wilkinson
  799 So. 2d 258· Fla. 2d DCA· 2001-08-17 ·cited 21×
  The Fish and Wildlife Conservation Commission appealed a trial court's denial of its motion to dismiss a declaratory judgment action challenging a manatee protection rule, arguing improper venue. The appellate court held that the Commission is entitled to enforce its home venue p
• McDOWELL v. Avtex Fibers, Inc.
  740 F.2d 214· 3d Cir.· 1984-07-12 ·cited 21×
  Unemployment compensation and pension plan benefits may not be deducted from ADEA back pay awards, and liquidated damages are proper for willful violations of the ADEA.
• Michelin N. Am., Inc. v. Lovett
  731 So. 2d 736· Fla. 4th DCA· 1999-03-31 ·cited 20×
  Michelin appealed a $30.4 million judgment in a products liability case involving an alleged tire defect that caused the amputation of Julian Lovett's legs. The appellate court reversed and remanded for a new trial, finding that the trial court clearly erred in denying Michelin's
• Coleman v. Risley
  839 F.2d 434· 9th Cir.· 1988-01-19 ·cited 20×
  The court held that resentencing under a new death penalty statute did not violate the ex post facto clause because the changes were procedural and ameliorative, and the review process did not substantively disadvantage the defendant.
• Jennings v. Tinley Park Cmty. Consol. Sch. Dist. NO. 146
  796 F.2d 962· 7th Cir.· 1986-07-21 ·cited 20×
  The court held that the majority opinion erred in remanding the case for further inquiry into the defendants' reasons for discharge and for clarification of the burden of proof standard.
• Jorgensen v. Modern Woodmen OF Am.
  761 F.2d 502· 8th Cir.· 1985-05-09 ·cited 20×
  The court held that the district court's finding of age discrimination was clearly erroneous, as the employer's actions were based on legitimate business reasons and not discriminatory intent.
• Lear Siegler, Inc. v. Aeroquip Corp. & Midtown Ignition & Parts Co.
  733 F.2d 881· Fed. Cir.· 1984-05-03 ·cited 20×
  The court held that the Stevenson patent was invalid for obviousness, affirming the district court's decision.
• Boich v. Fed. Mine Safety & Health Review Comm'n
  704 F.2d 275· 6th Cir.· 1983-04-05 ·cited 20×
  The court held that the Commission erred in applying the Pasula test's burden-shifting framework, which improperly shifts the burden of proof to the employer in mixed-motive cases under the Mine Act. The proper standard requires the employer only to produce evidence of a legitima
• State OF Me. v. The United States Dep't OF Labor
  669 F.2d 827· 1st Cir.· 1982-01-25 ·cited 20×
  The court held that the CETA regulations placed the entire burden of proof, including production and persuasion, on the party requesting the hearing.
• ST. Anthony Hosp. Sys. v. Nat'l Labor Relations Bd.
  655 F.2d 1028· 10th Cir.· 1981-08-04 ·cited 20×
  The court held that the NLRB's presumption of appropriateness for a registered nurse bargaining unit impermissibly shifts the burden of persuasion and violates congressional directives, rendering its order unenforceable.
• Farnsworth Cannon, Inc. v. Alton B. Grimes
  635 F.2d 268· 4th Cir.· 1980-06-12 ·cited 20×
• Jackson v. U. S. Steel Corp. Lila Jean Jackson
  624 F.2d 436· 3d Cir.· 1980-06-09 ·cited 20×
  The dissenting judge would reverse the judgment outright, finding the plaintiff failed to establish a prima facie case of discrimination regarding the employer's failure to assist in finding alternative employment.
• The Nw. Mut. Life Ins. Co. v. Linard
  498 F.2d 556· 2d Cir.· 1974-06-06 ·cited 20×
  The court held that the shipowner bears the burden of proving the loss was fortuitous, even under the Inchmaree clause, and that the evidence of scuttling was in equipoise, thus the shipowner failed to meet its burden.
• Baker v. United States
  430 F.2d 499· D.C. Cir.· 1970-06-30 ·cited 20×
  The court affirmed the conviction, holding that the trial court did not abuse its discretion in limiting the scope of the defense's inquiry into potential taint from illegal eavesdropping, and that the evidence used at trial was derived from independent sources.
• J. T. Slocomb Co. v. Commissioner OF Internal Revenue
  334 F.2d 269· 2d Cir.· 1964-06-30 ·cited 20×
  The court held that the Tax Court was justified in finding that the acquisition and merger were for the principal purpose of tax avoidance, and that the interest deductions were therefore not allowable.
• Rapid Transit Co. v. United States
  295 F.2d 465· 10th Cir.· 1961-10-10 ·cited 20×
  The court held that the trial court did not err in adopting the commissioners' finding on just compensation, as the award was within the range of credible testimony and not clearly erroneous.
• Sylvania Elec. Prods., Inc. v. Barker
  228 F.2d 842· 1st Cir.· 1955-12-20 ·cited 20×
  The court affirmed the judgments for the plaintiff, finding that the jury's verdict rendered any potential error in the jury instructions harmless.
• In re Standard Jury Instructions IN Crim. Cases-Report NO. 2011-03
  95 So. 3d 868· Fla.· 2012-05-17 ·cited 19×
  The Florida Supreme Court approved proposed amendments and new standard jury instructions for criminal cases and special proceedings involving involuntary civil commitment of sexually violent predators, while rejecting one proposed instruction and severing two others for separate
• Hack v. Janes
  878 So. 2d 440· Fla. 5th DCA· 2004-07-16 ·cited 19×
  This appeal addresses the validity of a 1992 will challenged on grounds of testamentary incapacity and undue influence. The court affirms the trial court's decision admitting the will to probate after retrial, and clarifies that under the amended Florida statute, the burden of pr
• Jayne Reid-Walen v. Hansen
  933 F.2d 1390· 8th Cir.· 1991-05-15 ·cited 19×
  The dissenting judge argues the majority erred in reversing the district court's forum non conveniens dismissal, finding the district court properly balanced the relevant factors.
• Dep't OF Prof'l Reg. v. Toledo Realty, Inc.
  549 So. 2d 715· Fla. 1st DCA· 1989-09-20 ·cited 19×
  The Florida First District Court of Appeal reversed in part and affirmed in part a fee award under the Florida Equal Access to Justice Act (FEAJA), holding that while an employee of a party cannot recover fees as a small business party, the hearing officer improperly excluded the
• SUN Bank/Miami, N.A. v. Hogarth
  536 So. 2d 263· Fla. 3d DCA· 1988-11-08 ·cited 19×
  Sun Bank and beneficiaries Robert Grayson and Peggy Bonomo appealed the trial court's revocation of probate and invalidation of wills and a trust agreement executed by Lilly Glickstein in 1977-1978 on grounds of undue influence. The appellate court affirmed, finding sufficient ev
• United States v. Hogue
  812 F.2d 1568· 11th Cir.· 1987-03-30 ·cited 19×
  The court held that the defendant failed to meet his burden of proving by convincing evidence that a specific issue was necessarily decided in his favor in a prior trial, thus collateral estoppel did not bar the current prosecution.
• Pano Anastasato and Janice Anastasato v. Commissioner OF Internal Revenue. Appeal of Pano Anastasato
  794 F.2d 884· 3d Cir.· 1986-07-08 ·cited 19×
  The court held that the Tax Court erred by not considering the taxpayer's burden to prove the deficiency determination incorrect, even when the Commissioner's assessment was presumed correct, and remanded for reconsideration.
• Ledoux v. Schweiker
  732 F.2d 1385· 8th Cir.· 1984-04-25 ·cited 19×
  The court held that the Administrative Law Judge's (ALJ) decision denying disability benefits and supplemental security income was erroneous due to an improper hypothetical question and failure to consider all of the claimant's impairments, including pain.
• RCA Corp. v. Applied Digit. Data Sys., Inc.
  730 F.2d 1440· Fed. Cir.· 1984-03-20 ·cited 19×
  The dissenting judge argues the district court's finding of anticipation was not clearly erroneous and that the majority erred in its obviousness analysis.
• Meridian Wood Prods. Co., Inc. v. United States
  725 F.2d 1183· 9th Cir.· 1984-02-13 ·cited 19×
  The court held that IRS assessments of deficiency were timely, business expense deductions failed to meet substantiation requirements, a spouse's travel expenses were not deductible business expenses, and roof repair costs were capital expenditures, not deductible repairs.
• Tucker v. Francis
  723 F.2d 1504· 11th Cir.· 1984-01-16 ·cited 19×
• Nat'l Labor Relations Bd. v. Webb Ford, Inc.
  689 F.2d 733· 7th Cir.· 1982-09-27 ·cited 19×
  The court held that the Board's findings were not supported by substantial evidence, particularly regarding the ALJ's credibility determinations and application of the Wright Line test.
• United States v. Hollis
  569 F.2d 199· 3d Cir.· 1977-12-29 ·cited 19×
  The court held that the trial court erred in placing the burden of proving incompetency on the habeas petitioner when the issue of competency was raised but not litigated prior to conviction.
• Blair Alexandria Edwards v. State
  257 So. 3d 586· Fla. 1st DCA· 2018-10-16 ·cited 18×
  Appellant appealed the trial court's denial of a motion to dismiss based on statutory immunity under Florida's justifiable use of force statute (§ 776.032). The trial court found the State presented clear and convincing evidence to overcome the appellant's prima facie case on one
• United States v. Coonce
  961 F.2d 1268· 7th Cir.· 1992-04-14 ·cited 18×
  The court held that the district court did not err in denying the defendant's motions to strike the Presentence Report and withdraw his guilty plea, nor in its sentencing determination.
• State v. Troehler
  546 So. 2d 109· Fla. 4th DCA· 1989-07-07 ·cited 18×
  Florida appealed a trial judge's decision to exclude one of three prior DUI convictions when enhancing Troehler's sentence, because the prior conviction lacked any indication of counsel representation or waiver. The Fourth District affirmed, holding that once a defendant raises t
• McQUILLEN v. Wis. Educ. Ass'n Council
  830 F.2d 659· 7th Cir.· 1987-09-14 ·cited 18×
  The court held that a plaintiff must show discriminatory intent was a 'but for' cause of the adverse employment action, not merely that it played some part, and that the district court's finding that the plaintiff would not have been hired absent discrimination was not clearly er
• In re Century Brass Prods., Inc. v. Int'l Union
  795 F.2d 265· 2d Cir.· 1986-06-30 ·cited 18×
  Vested retiree insurance benefits are a proper subject of bargaining under § 1113, but a conflict of interest prevents the union from representing both active employees and retirees, necessitating a remand to appoint a representative for the retirees.
• Wylene Watson v. Nat'l Linen Serv.
  686 F.2d 877· 11th Cir.· 1982-09-20 ·cited 18×
  The court held that the district court's factual findings regarding the selection process for the route operator position were clearly erroneous, requiring reversal.
• Beth Israel Hosp. & Geriatric Ctr. v. Nat'l Labor Relations Bd.
  688 F.2d 697· 10th Cir.· 1982-09-13 ·cited 18×
  The NLRB's use of presumptions to certify bargaining units is permissible in representation proceedings, as Federal Rule of Evidence 301 applies only to unfair labor practice proceedings.
• Astra-Sjuco v. United States Int'l Trade Comm'n & Steridyne Corp.
  629 F.2d 682· C.C.P.A.· 1980-08-28 ·cited 18×
  The Court of Appeals for the Federal Circuit affirmed the International Trade Commission's determination that the importation and sale of TempoTek sheath packages infringed certain claims of the Poney patents and caused substantial injury to the domestic industry.
• Hammontree v. Phelps
  605 F.2d 1371· 5th Cir.· 1979-11-07 ·cited 18×
  The court held that the Louisiana statute creating a presumption of negligence from the violation of a statute is unconstitutional as applied, violating due process by shifting the burden of proof to the defendant.
• Fischer v. S/Y Neraida
  508 F.3d 586· 11th Cir.· 2007-11-19 ·cited 17×
  A sailing yacht drifted from its moorings during Hurricane Frances in 2004 and struck a dock owned by David Fischer, causing substantial damage. The yacht owner, Peter Siavrakas, had instructed his caretaker and a licensed captain to prepare the vessel by setting a second anchor
• Greenwich Collieries v. Dir., Off. OF Workers' Comp. Programs, United States Dep't of Labor, & Andrew Ondecko
  990 F.2d 730· 3d Cir.· 1993-03-23 ·cited 17×
  The court held that the 'true doubt rule,' which allows a claimant to prevail when evidence is equally probative, impermissibly eases the claimant's burden of persuasion, which must be met by a preponderance of the evidence under the Black Lung Benefits Act and the APA.
• Otto Candies, LLC v. Citigroup, Inc.
  963 F.3d 1331· 11th Cir.· 2020-07-01 ·cited 16×
  Otto Candies, LLC, involving U.S. and foreign plaintiffs suing Citigroup for fraud related to a fraudulent credit facility scheme, reversed the district court's forum non conveniens dismissal and held that domestic plaintiffs receive a strong presumption favoring their chosen U.S
• R.J. Reynolds Tobacco Co. v. Whitmire
  260 So. 3d 536· Fla. 1st DCA· 2018-12-18 ·cited 16×
  In this Engle-progeny tobacco litigation case, the court addresses whether a plaintiff must prove individual detrimental reliance on specific fraudulent statements by a tobacco company to succeed on a fraudulent concealment claim. The court holds that Engle plaintiffs must prove
• Smith v. State
  59 So. 3d 1107· Fla.· 2011-03-17 ·cited 16×
  The Florida Supreme Court held that a juror's surname alone is insufficient to trigger an inquiry into whether a peremptory strike was exercised in a discriminatory manner. The Court quashed the Third District's decision, which had allowed a trial court to conduct a Neil inquiry
• Whitby v. State
  933 So. 2d 557· Fla. 3d DCA· 2006-02-15 ·cited 16×
  Edgar Whitby appeals his battery conviction, challenging the trial court's failure to conduct a Neil inquiry regarding the State's peremptory challenge of a white male juror and the denial of his cause challenge to another juror. The Third District Court of Appeal reverses, holdi
• La. Pac. Corp. v. Harcus
  774 So. 2d 751· Fla. 1st DCA· 2000-11-21 ·cited 16×
  Louisiana Pacific appeals a workers' compensation judge's award of benefits to an employee for spinal stenosis caused by repetitive trauma over 24 years of mill work. The First District Court of Appeal affirms, holding that section 440.09(1)(b) does not apply because the stenosis
• Mason v. Porsche Cars OF N. Am.
  621 So. 2d 719· Fla. 5th DCA· 1993-05-28 ·cited 16×
  Christopher Mason purchased a defective Porsche and won arbitration before Florida's New Motor Vehicle Arbitration Board, which declared it a lemon and ordered a refund. The manufacturer appealed to circuit court for a trial de novo, and the court ordered Mason to file suit as pl
• Freeman United Coal Mining Co. v. Off. OF Workers' Comp. Program & Fairy Dell Jones
  988 F.2d 706· 7th Cir.· 1993-03-04 ·cited 16×
  The true doubt rule, which resolves evidentiary conflicts in favor of a black lung claimant, is consistent with the Administrative Procedure Act and was properly applied.
• Equal Emp. Opportunity Comm'n v. Metal Serv. Co.
  892 F.2d 341· 3d Cir.· 1990-01-03 ·cited 16×
  The court held that the EEOC established a prima facie case of racial discrimination under Title VII because the charging parties made reasonable attempts to convey their interest in employment, despite not formally applying through the company's designated referral agency.
• Will v. Sys. Eng'g Consultants, Inc.
  554 So. 2d 591· Fla. 3d DCA· 1989-12-19 ·cited 16×
  Frank Will seeks certiorari to review an order granting discovery of his financial worth in connection with a punitive damages claim. The court holds that under Florida Statutes § 768.72, the plaintiff bears the burden of showing a reasonable basis for punitive damages before dis