Burden Of Persuasion

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

• Menzel v. W. Auto Supply Co.
  848 F.2d 327· 1st Cir.· 1988-06-08 ·cited 16×
  The court affirmed the grant of summary judgment, holding that the plaintiff failed to present sufficient evidence to create a genuine issue of material fact regarding pretext for age discrimination under ADEA and Puerto Rican law.
• Cook v. Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor
  816 F.2d 1182· 7th Cir.· 1987-04-13 ·cited 16×
  The court held that the administrative law judge (AU) must invoke the interim presumption of total disability due to pneumoconiosis if a single qualifying X-ray establishes the disease, and cannot defeat invocation by considering other negative X-rays.
• The Quaker Oats Co. v. M/V Torvanger
  734 F.2d 238· 5th Cir.· 1984-06-15 ·cited 16×
  The court held that the carrier's proof of due diligence alone was insufficient to rebut the shipper's prima facie case under the Carriage of Goods by Sea Act (COGSA) when relying on the catch-all exception for unexplained loss.
• James v. River Parishes Co., Inc.
  686 F.2d 1129· 5th Cir.· 1982-09-27 ·cited 16×
  The court should have applied Federal Rule of Evidence 301, which states that presumptions do not shift the burden of persuasion.
• Mfrs. Serv. Co., Inc. v. The United States
  582 F.2d 561· Ct. Cl.· 1978-07-14 ·cited 16×
  The court held that the plaintiff realized excessive profits for the fiscal years 1967, 1968, and 1969, and rendered judgment on the defendant's counterclaim.
• Martin v. The Vector Co., Inc.
  498 F.2d 16· 1st Cir.· 1974-05-16 ·cited 16×
  The court held that the HUD regulations did not implicitly incorporate a "feasibility" or profit condition into the private contract between developers, and the drafting party bears the risk of ambiguity.
• Sowizral v. Mrs. Adele M. Hughes
  333 F.2d 829· 3d Cir.· 1964-06-19 ·cited 16×
  The court held that a general objection to jury instructions is insufficient to preserve an issue for appeal, and that the trial court's instructions on the burden of proof and sudden emergency were not a gross miscarriage of justice.
• R. Gsell & Co., Inc. v. Commissioner OF Internal Revenue
  294 F.2d 321· 2d Cir.· 1961-09-22 ·cited 16×
  The court held that the taxpayer's statement was sufficient to shift the burden of proof to the Commissioner regarding unreasonable accumulations, and the Commissioner failed to meet that burden. Therefore, the taxpayer was not subject to the surtax for improperly accumulating su
• Geagan v. Gavin
  292 F.2d 244· 1st Cir.· 1961-06-30 ·cited 16×
  The court held that the appellants were not denied a fair trial due to pretrial publicity, as the jurors met the constitutional test of impartiality.
• Smith v. State
  799 So. 2d 421· Fla. 5th DCA· 2001-11-16 ·cited 15×
  Isaac Smith was convicted of felony battery and challenged the State's use of a peremptory challenge to strike a black prospective juror (Blanton), arguing the stated reasons were equally applicable to white jurors who were not struck. The court affirmed, finding meaningful diffe
• Sw. Fla. Water Mgmt. Dist. v. Charlotte Cnty.
  774 So. 2d 903· Fla. 2d DCA· 2001-01-05 ·cited 15×
  The Second District Court of Appeal reviews an ALJ's comprehensive 652-page order invalidating several water management district rules and agency statements governing water use permits. The court reverses portions of the ALJ's decision, finding that DEP has exclusive jurisdiction
• Gooden v. Howard Cnty.
  954 F.2d 960· 4th Cir.· 1992-01-23 ·cited 15×
  The court held that the majority opinion improperly granted summary judgment by skewing summary judgment doctrine to favor the qualified immunity defense, failing to properly assess genuine issues of material fact.
• Nixa Ramos v. Roche Prods., Inc.
  936 F.2d 43· 1st Cir.· 1991-06-21 ·cited 15×
  The court affirmed the district court's dismissal of discrimination and retaliation claims, finding no clear error in the factual findings and upholding the denial of a jury trial for Title VII equitable claims.
• Nutrition 21 v. The United States
  930 F.2d 867· Fed. Cir.· 1991-03-29 ·cited 15×
  The court held that the district court erred by failing to set forth adequate findings of fact to support the preliminary injunction, necessitating its vacation.
• Houston M. Evans v. The Harnett Cnty. Bd. OF Educ.
  684 F.2d 304· 4th Cir.· 1982-07-27 ·cited 15×
  The court held that the district court erred in failing to grant injunctive relief against an unlawful employment practice and in its allocation of the burden of proof regarding the plaintiff's individual claim.
• Brown v. Eckerd Drugs, Inc.
  663 F.2d 1268· 4th Cir.· 1981-10-21 ·cited 15×
  The court affirmed the district court's judgment, finding that the plaintiffs had established claims of racial discrimination in promotion and constructive discharge, and that the named plaintiffs were appropriate class representatives.
• ST. Johns River Water Mgmt. Dist. v. Consolidated-Tomoka Land Co.
  717 So. 2d 72· Fla. 1st DCA· 1998-07-29 ·cited 14×
  The St. Johns River Water Management District appealed an administrative law judge's decision invalidating proposed rules establishing new hydrologic basins and stricter permitting requirements. The court reversed, holding that the District acted within its delegated legislative
• Kelly v. K.D. Constr. of Fla., Inc.
  866 F. Supp. 1406· S.D. Fla.· 1994-10-26 ·cited 14×
  The court held that the plaintiff failed to prove her termination was due to pregnancy discrimination, as the employer demonstrated the sole motivating factor was her undisclosed affair with a coworker.
• Young v. Dep't OF Cmty. Affairs
  625 So. 2d 831· Fla.· 1993-09-09 ·cited 14×
  The Florida Supreme Court held that when the state land planning agency appeals a development order to the Florida Land and Water Adjudicatory Commission under section 380.07, the state agency bears both the ultimate burden of persuasion and the burden of going forward with evide
• Revak v. Nat'l Mines Corp. & Old Republic Cos.
  808 F.2d 996· 3d Cir.· 1986-12-29 ·cited 14×
  The court denied rehearing, reaffirming its interpretation of the regulation as inconsistent with the agency's position, despite new citations.
• Amax Coal Co. v. Dir., Off. OF Workers' Comp. Programs, United States Dep't OF Labor
  772 F.2d 304· 7th Cir.· 1985-08-28 ·cited 14×
  The court held that the administrative law judge's decision awarding black lung benefits was supported by substantial evidence, and the employer failed to rebut the interim presumption of disability.
• Sylvester v. Callon Energy Servs., Inc.
  724 F.2d 1210· 5th Cir.· 1984-02-13 ·cited 14×
  The court held that the magistrate's findings of fact lacked the specificity required for appellate review, vacating the judgment and remanding for additional findings.
• Ross v. Amos Reed
  704 F.2d 705· 4th Cir.· 1983-03-31 ·cited 14×
  The court held that the novelty of the constitutional claim at the time of trial constituted cause for failing to raise it on appeal, and prejudice was present, thus satisfying the cause and prejudice exception to the procedural bar rule.
• Cuthbertson v. Biggers Bros., Inc.
  702 F.2d 454· 4th Cir.· 1983-03-09 ·cited 14×
  The court held that the district court's findings of racial discrimination were clearly erroneous because the plaintiffs failed to prove that the defendant's hiring qualifications were applied pretextually or that the plaintiffs met those qualifications.
• Haring v. CPC Int'l, Inc.
  664 F.2d 1234· 5th Cir.· 1981-11-30 ·cited 14×
  The court held that the jury instructions, when viewed as a whole, properly conveyed the applicable law regarding age discrimination, and the evidence was sufficient to support the jury's verdict.
• Gibson v. Spalding
  665 F.2d 863· 9th Cir.· 1981-10-30 ·cited 14×
  The court held that a state prisoner's failure to object to a constitutionally infirm jury instruction at trial or on direct appeal is excused by cause and prejudice, allowing federal habeas corpus relief.
• United States v. State OF Mich.
  653 F.2d 277· 6th Cir.· 1981-07-10 ·cited 14×
  The court held that federal treaty fishing rights are federally protected and subject to a rule of reason, requiring state regulation to meet strict conservation and non-discrimination standards, and that state courts cannot issue orders inconsistent with federal court jurisdicti
• United Parts Mfg. Co. v. LEE Motor Prods., Inc.
  266 F.2d 20· 6th Cir.· 1959-04-22 ·cited 14×
  The court held that the district judge's finding of prior use of the Boulton invention was erroneous, but ultimately affirmed the judgment of invalidity for lack of invention over the prior art.
• Walter Fuller Aircraft Sales, Inc. v. The Republic OF THE Philippines & the Philippines Presidential Comm'n on Good Gov't
  965 F.2d 1375· 5th Cir.· 1992-07-08 ·cited 13×
  The court held that the commercial activities exception to the FSIA applied to the PCGG's sale of the Falcon jet, allowing jurisdiction over the PCGG, but remanded for further fact-finding regarding the Republic's liability under an agency theory.
• Dorothy Baione for the Estate of Nickolas Baione v. Owens-Illinois, Inc.
  599 So. 2d 1377· Fla. 2d DCA· 1992-05-20 ·cited 13×
  In this asbestos wrongful death case, the Florida District Court of Appeal reversed a trial court's dismissal of strict liability counts and striking of punitive damages, holding that strict liability and negligence are alternative theories both available to plaintiffs in asbesto
• Lowary v. Lexington Local Bd. OF Educ.
  903 F.2d 422· 6th Cir.· 1990-05-17 ·cited 13×
  The court held that the Supreme Court's decision in Chicago Teachers Union v. Hudson should be applied retroactively to past fee collections, and that a 'local union presumption' used in calculating fair share fees is unconstitutional.
• Astral Liquors, Inc. v. State
  432 So. 2d 93· Fla. 3d DCA· 1983-02-22 ·cited 13×
  Mandell Corporation challenged the Division of Alcoholic Beverages and Tobacco's denial of its application to transfer a liquor license from Astral Liquors, arguing the agency failed to explain its reasoning and that the governing statute constituted an unconstitutional delegatio
• Sampson v. State
  903 So. 2d 1055· Fla. 2d DCA· 2005-06-22 ·cited 12×
  Larry Sampson appeals the revocation of his community control, arguing that the State's failure to file an affidavit of violation constitutes fundamental error. The court affirmed the revocation, holding that while the missing affidavit was error, it was not fundamental error bec
• United States v. Quartermaine
  913 F.2d 910· 11th Cir.· 1990-10-02 ·cited 12×
  The government proved by a preponderance of the evidence that the defendant posed a risk of flight and by clear and convincing evidence that he posed a danger to the community, thus pretrial detention was warranted.
• Sampson v. State
  542 So. 2d 434· Fla. 4th DCA· 1989-04-26 ·cited 12×
  The appellant, a black woman defendant, objected to the State's use of peremptory challenges to exclude two black women from the jury panel, alleging systematic racial exclusion. The trial court denied the objection without conducting an inquiry into the State's rationale, and th
• Irvan Mullins v. Uniroyal, Inc.
  805 F.2d 307· 8th Cir.· 1986-11-13 ·cited 12×
  The court held that the district court's finding of no age discrimination was not clearly erroneous, and the employer's stated reasons for termination were legitimate and nondiscriminatory.
• Ashland OIL, Inc. v. DELTA Resins & Refractories, Inc.
  776 F.2d 281· Fed. Cir.· 1985-10-25 ·cited 12×
  The court held that the district court erred in placing the burden of proving non-obviousness on the patentee and in finding certain factual findings regarding the composition of the claimed resin. The court reversed the judgment of invalidity.
• United States v. Gomez
  770 F.2d 251· 1st Cir.· 1985-08-22 ·cited 12×
  The court held that a defendant must establish a reasonable expectation of privacy in the searched area prior to trial to have standing to suppress evidence, and failure to do so waives the right to challenge admissibility at trial.
• Lujan v. Franklin Cnty. Bd. OF Educ.
  766 F.2d 917· 6th Cir.· 1985-06-17 ·cited 12×
  Singleton rights, arising from court-ordered desegregation injunctions, cannot be enforced in a Title VII action, and the burden of persuasion does not automatically shift to the defendant in Title VII cases involving historically segregated schools unless specific conditions lik
• Apex OIL Co. v. Vanguard OIL & Serv. Co. Inc.
  760 F.2d 417· 2d Cir.· 1985-04-18 ·cited 12×
  The court affirmed the trial court's decision, finding that the merchants' exception to the statute of frauds applied.
• Jones v. Int'l Paper Co. & United Paperworkers Int'l Union, AFL-CIO
  720 F.2d 496· 8th Cir.· 1983-11-03 ·cited 12×
  The court affirmed the district court's judgment, finding no clear error in the conclusion that race was not a factor in the plaintiffs' failure to be selected for the apprenticeship program, despite acknowledging the discriminatory impact of the testing requirements.
• Raymomd J. Donovan v. Phelps Dodge Corp.
  709 F.2d 86· D.C. Cir.· 1983-06-07 ·cited 12×
  The Federal Mine Safety and Health Review Commission exceeded its statutory authority by reversing an administrative law judge's factual findings, which were supported by substantial evidence.
• Wells v. Gotfredson Motor Co., Inc.
  709 F.2d 493· 8th Cir.· 1983-06-02 ·cited 12×
  The court held that while the plaintiff established a prima facie case of sex discrimination, she failed to prove by a preponderance of the evidence that the employer's stated reason for not hiring her was a pretext for discrimination.
• Holsey v. Armour & Co.
  683 F.2d 864· 4th Cir.· 1982-07-23 ·cited 12×
  The court held that the district court properly allocated the burden of persuasion to the plaintiffs, consistent with Burdine, and did not err in its findings.
• Nat'l Labor Relations Bd. v. Clark Manor Nursing Home Corp.
  671 F.2d 657· 1st Cir.· 1982-02-24 ·cited 12×
  The court held that the National Labor Relations Board's findings regarding the discharge of employee Fowley were not supported by substantial evidence, but affirmed the Board's other findings of unfair labor practices.
• Sinder v. United States
  655 F.2d 729· 6th Cir.· 1981-08-04 ·cited 12×
  The court held that the taxpayer bears the burden of persuasion to prove they were not a responsible party for unpaid withholding taxes, and that there is no right of contribution under 26 U.S.C. § 6672.
• Wilson v. United States
  645 F.2d 728· 9th Cir.· 1981-05-18 ·cited 12×
  The court held that the trial judge, acting as factfinder in a Rule 41(b) dismissal, was not required to apply the doctrine of res ipsa loquitur to shift the burden of proof to the defendant.
• Daye v. Harris
  655 F.2d 258· D.C. Cir.· 1981-01-15 ·cited 12×
  The court held that the district court applied an inappropriate legal standard by requiring proof of discriminatory motive to establish a prima facie case under Title VII.
• Franklin v. Secretary OF Health
  393 F.2d 640· 2d Cir.· 1968-05-02 ·cited 12×
  The court held that the Secretary's findings were supported by substantial evidence, and the claimant failed to demonstrate an inability to engage in substantial gainful activity.
• United States v. United States Coin & Currency IN the Amount OF $8
  379 F.2d 946· 7th Cir.· 1967-06-27 ·cited 12×
  The court held that the claimant failed to discharge his burden of persuasion regarding the seized money and that the wagering statutes do not violate the Fifth Amendment's self-incrimination clause.