Burden Of Persuasion

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

• State OF Md. for the Use of Gloria S. Geils v. Baltimore Transit Co.
  329 F.2d 738· 4th Cir.· 1964-03-09 ·cited 12×
  The court held that the trial court erred in instructing the jury that they should disregard the presumption of the decedent's due care when conflicting evidence was presented.
• Weigand v. Pa. R.R. Co.
  267 F.2d 281· 3d Cir.· 1959-05-20 ·cited 12×
  The court held that a plaintiff is not required to elect between relying on the doctrine of res ipsa loquitur and presenting evidence of specific acts of negligence, and that refusing to charge the jury on res ipsa loquitur when the plaintiff attempted to prove both was error.
• Seaboard Sand & Gravel Corp. v. Am. Stevedores
  151 F.2d 846· 2d Cir.· 1945-12-05 ·cited 12×
  The charterer was liable for damages to the scow because its method of loading ballast caused the damage, and it failed to present sufficient proof to overcome the owner's prima facie case of negligence.
• Yamaha Int'l Corp. v. Hoshino Gakki Co., Ltd.
  840 F.2d 1572· Fed. Cir.· 1988-03-07 ·cited 11×
  The court held that the Trademark Trial and Appeal Board correctly dismissed Yamaha's oppositions, finding Hoshino's evidence sufficient to establish acquired distinctiveness for its guitar head designs.
• Loralei Sones-Morgan and Pamela J. Hurst v. The HERTZ Corp.
  725 F.2d 1070· 6th Cir.· 1984-01-16 ·cited 11×
  The court held that the district court's findings of sex discrimination and pretextual reasons were not clearly erroneous, and affirmed the judgment.
• In re the Complaint of J. Russell Flowers v. Wayne B. Smith, Inc.
  526 F.2d 242· 8th Cir.· 1975-11-25 ·cited 11×
  The court held that where a docking facility is used for the mutual benefit of the dock owner and vessel owner, both parties have a duty to exercise reasonable care, and the district court's finding that the defendant was not negligent was not clearly erroneous.
• Tavares W. Spencer, Jr. v. State
  238 So. 3d 708· Fla.· 2018-01-25 ·cited 10×
  The Florida Supreme Court addressed whether trial courts must conduct a full on-the-record genuineness analysis of peremptory challenges under the Melbourne procedure, and what preservation requirements apply to challenges alleging racial discrimination in jury selection. The cou
• Christopher C. Mason, D.P.M., P.A. v. Porsche Cars OF N. Am., Inc.
  688 So. 2d 361· Fla. 5th DCA· 1997-01-17 ·cited 10×
  Mason purchased a defective Porsche 911 Carrera 2 that exhibited a transmission shudder. After the New Motor Vehicle Arbitration Board declared the car a lemon, Porsche appealed and the circuit court directed verdicts against Mason, treating the Board's decision as a vanishing pr
• Marcolini v. State
  673 So. 2d 3· Fla.· 1996-01-18 ·cited 10×
  The Florida Supreme Court held that the current version of Florida's electricity theft statute, section 812.14(3), creates a constitutional permissive inference rather than an unconstitutional mandatory rebuttable presumption. The Court reversed the Fourth District's decision and
• Defuentes v. Dugger
  923 F.2d 801· 11th Cir.· 1991-02-08 ·cited 10×
  The court held that the jury instruction, when viewed in the context of the entire charge, did not create an unconstitutional mandatory rebuttable presumption that shifted the burden of proof to the defendant.
• Equal Emp. Opportunity Comm'n v. Westinghouse Elec. Corp.
  925 F.2d 619· 3d Cir.· 1991-01-31 ·cited 10×
  The court held that the EEOC did not waive its opportunity to adduce further evidence regarding Westinghouse's motivations for adopting the 1979 LIB Plan under the new standards enunciated in Public Employees Retirement System of Ohio v. Betts.
• Barbano v. Madison Cnty.
  922 F.2d 139· 2d Cir.· 1990-12-28 ·cited 10×
  The court held that the district court erred in finding the Board of Supervisors guilty of sex discrimination, as the record did not support claims of discriminatory experience assessment or lack of tact by the plaintiff.
• Peabody Coal Co. & Old Republic Ins. Co. v. Verna L. Shonk (Widow of Lewis Shonk) and Director
  906 F.2d 264· 7th Cir.· 1990-06-29 ·cited 10×
  The court held that anthracosis is legally equivalent to pneumoconiosis under the Black Lung Benefits Act and that the employer failed to rebut the interim presumption of disability.
• Smith v. Wal-Mart Stores (NO. 471)
  891 F.2d 1177· 5th Cir.· 1990-01-16 ·cited 10×
  The court held that the district court's findings of fact were not clearly erroneous and its evidentiary ruling was not substantially prejudicial, thus affirming the decision.
• Evans v. City OF Evanston & Dir. of Pers.
  881 F.2d 382· 7th Cir.· 1989-07-27 ·cited 10×
  The court held that the case must be remanded for reconsideration of the disparate impact claim under the Wards Cove standard, and that the denial of immediate advancement to the next stage of testing was within the trial court's discretion.
• United States v. Hare
  873 F.2d 796· 5th Cir.· 1989-05-15 ·cited 10×
  The court held that while the district court did not err in its construction of the Bail Reform Act, it failed to consider all relevant factors in assessing the defendant's due process claim regarding prolonged pretrial detention. Therefore, a remand for an evidentiary hearing on
• Hunt OIL Co. v. Fed. Energy Regulatory Comm'n
  853 F.2d 1226· 5th Cir.· 1988-09-06 ·cited 10×
  The presiding AU did not err by giving less evidentiary weight to extrinsic evidence of intent than to contract language, as the AU permissibly determined the extrinsic evidence was unreliable.
• Reeder-Baker v. Lincoln Nat'l Corp.
  834 F.2d 1373· 7th Cir.· 1987-12-08 ·cited 10×
  The court held that a mistaken belief by an employer about an employee's conduct does not constitute pretext for discrimination, and filing a discrimination claim does not privilege otherwise unacceptable conduct.
• United States v. Trosper
  809 F.2d 1107· 5th Cir.· 1987-01-30 ·cited 10×
  The court held that the district court properly applied the presumption against pretrial release for a defendant charged with a Controlled Substances Act offense and that the defendant failed to produce sufficient evidence to overcome this presumption.
• Solomon LEW v. Stanton Moss and Harlean Moss
  797 F.2d 747· 9th Cir.· 1986-08-15 ·cited 10×
  The court held that the defendant failed to meet his burden of production to show a change in domicile from California to Hong Kong by the date the lawsuit was filed, and thus the district court erred in dismissing the case for lack of subject matter jurisdiction.
• Roy v. Nelson
  788 F.2d 205· 4th Cir.· 1986-04-08 ·cited 10×
  The court held that the jury instructions in an ADEA case need not explicitly mention the McDonnell Douglas prima facie case framework, as its purpose is judicial supervision, not jury deliberation.
• Griffin v. Martin
  785 F.2d 1172· 4th Cir.· 1986-02-27 ·cited 10×
  The court affirmed the result based on prior precedent, finding that contradictory jury instructions on self-defense rendered the trial fundamentally unfair.
• Bizzarri v. Consolidation Coal Co.
  775 F.2d 751· 6th Cir.· 1985-10-28 ·cited 10×
  The court held that the treating physician's opinion, based on the miner's symptoms and autopsy findings, constituted substantial evidence supporting the administrative law judge's determination that pneumoconiosis contributed to the miner's death, thus entitling the widow to ben
• Peabody Coal Co. & Old Republic Cos. v. Hale
  771 F.2d 246· 7th Cir.· 1985-08-19 ·cited 10×
  The court held that the administrative law judge failed to comply with the Administrative Procedure Act's requirement to state findings and conclusions with reasons, necessitating a remand.
• United States ex rel. Hugh E. Thom v. O.C. Jenkins
  760 F.2d 736· 7th Cir.· 1985-03-12 ·cited 10×
  The court held that the district court did not err in denying the petition for a writ of habeas corpus because the petitioner failed to meet his burden of producing evidence of present inability to pay the judgment, despite evidence of past ability.
• Reinhold Weise v. United States
  724 F.2d 587· 7th Cir.· 1984-01-05 ·cited 10×
  The court held that the government waived its objections to the use of medical literature by failing to object at trial and by providing the materials to the judge without limitation.
• Boich v. Fed. Mine Safety & Health Review Comm'n
  719 F.2d 194· 6th Cir.· 1983-10-14 ·cited 10×
  The court held that the ALJ's and Commission's reliance on the Pasula test was consistent with the Coal Act, as dictated by the Supreme Court's decision in Transportation Management.
• In re The Est. OF Beulah Lightfoot v. Nici Lightfoot Duval
  433 So. 2d 607· Fla. 4th DCA· 1983-06-15 ·cited 10×
  Mere uncorroborated hearsay evidence, standing alone, is not substantial evidence to support an adverse ruling against a social security disability claimant if objected to and contradicted by live testimony.
• Clay v. Traders Bank OF Kan. City
  708 F.2d 1347· 8th Cir.· 1983-06-08 ·cited 10×
  The court held that the debtors were insolvent when the deed of trust was executed, making it a voidable preference, but remanded for determination of whether a $125,000.00 debt was an antecedent corporate debt.
• Engels v. The United States
  678 F.2d 173· Ct. Cl.· 1982-05-05 ·cited 10×
  The court held that legal errors in an officer's record, specifically a coerced OER and a missing evaluation letter, prejudiced his chances for promotion, entitling him to relief.
• Freeman v. Drew Lewis
  675 F.2d 398· D.C. Cir.· 1982-04-13 ·cited 10×
  The court held that the plaintiff failed to establish a prima facie case of discrimination and that the district court improperly shifted the burden of persuasion to the defendant.
• Elec. Smith, Inc. v. Secretary OF Labor
  666 F.2d 1267· 9th Cir.· 1982-02-04 ·cited 10×
  The court held that a subcontractor who did not create or control hazardous conditions, but took reasonable and realistic measures to protect its employees, should not be held responsible for violations of OSHA regulations.
• Schneider v. Housewright
  668 F.2d 366· 8th Cir.· 1981-12-28 ·cited 10×
  The court held that substantial evidence supported the revocation of probation, even without considering potentially suppressed evidence.
• Tennon v. Ricketts
  642 F.2d 161· 5th Cir.· 1981-04-10 ·cited 10×
  The court held that the Georgia trial court's jury instruction on self-defense unconstitutionally shifted the burden of persuasion to the defendant and that this shift was not harmless error.
• Bankruptcy v. Trautwein
  624 F.2d 666· 5th Cir.· 1980-08-21 ·cited 10×
  The court held that the trial judge erred in granting judgment notwithstanding the verdict because substantial evidence supported the jury's finding of fair consideration for the transfers.
• Andrasko v. Chamberlain Mfg. Corp.
  608 F.2d 944· 3d Cir.· 1979-10-22 ·cited 10×
  The jury's findings that the defendant maintained an unreasonably dangerous condition but did not breach its duty to warn, and that the plaintiff neither assumed the risk nor was contributorily negligent, are reconcilable under Pennsylvania law.
• Barnes v. ST. Catherine's Hosp.
  563 F.2d 324· 7th Cir.· 1977-09-20 ·cited 10×
  The court held that the trial court's findings of fact were not clearly erroneous and that the plaintiff failed to prove racial discrimination, affirming the judgment for the defendant hospital.
• Buzynski v. Oliver
  538 F.2d 6· 1st Cir.· 1976-07-14 ·cited 10×
  The court held that it could not predict with near certainty that the Supreme Court would overrule Leland v. Oregon, which permits states to require defendants to prove insanity by a preponderance of the evidence.
• United States ex rel. John Johnson H-6753 v. Russell
  444 F.2d 1177· 3d Cir.· 1971-07-07 ·cited 10×
  A guilty plea entered upon the advice of competent counsel waives prior constitutional infirmities, and a defendant assumes the risk of ordinary error in legal assessment.
• In re Standard Jury Instructions IN Crim. Case-Report NO. 2015-05
  195 So. 3d 1088· Fla.· 2016-04-07 ·cited 9×
  The Florida Supreme Court approved amendments to seventeen existing standard criminal jury instructions and adopted two new instructions relating to sexual offender and sexual predator registration requirements. The Court rejected constitutional challenges raised by the Florida A
• Nash v. The Consol. City OF Jacksonville
  837 F.2d 1534· 11th Cir.· 1988-02-25 ·cited 9×
  The employer failed to meet its burden of proving that the promotion examination was job-related and a business necessity, entitling the plaintiff to judgment.
• Lampkins v. Gagnon
  710 F.2d 374· 7th Cir.· 1983-06-21 ·cited 9×
  The court held that Wisconsin's presumptive intent and party-to-a-crime jury instructions did not violate the defendant's constitutional rights, and affirmed the denial of habeas corpus.
• Valarie v. Stephens
  207 So. 2d 718· Fla. 4th DCA· 1968-03-13 ·cited 9×
  This wrongful death case involves a rear-end collision between a truck and motorcycle. The trial court granted summary judgment for the defendants based on a presumption of negligence arising from the rear-end impact. The appellate court affirmed, holding that the defendants conc
• Intego Software, LLC v. Concept Dev., Inc.
  198 So. 3d 887· Fla. 1st DCA· 2016-07-25 ·cited 8×
  IntEGO Software sued Concept Development for breach of a contract to engineer and construct nurse call devices. The trial court dismissed for lack of personal jurisdiction, but the appellate court reversed, holding that the uncontroverted jurisdictional allegations in the complai
• In re Standard Jury Instructions IN Crim. Cases-Report NO. 2014-02
  152 So. 3d 475· Fla.· 2014-09-11 ·cited 8×
  The Florida Supreme Court approved proposed amendments to standard criminal jury instructions, including modifications to kidnapping, false imprisonment, aggravated child abuse, and child abuse instructions, plus a new instruction on failure to provide financial support. The Cour
• In re Orchard Enters.
  2013 WL 1282001· Del. Ch.· 2014-02-28 ·cited 8×
  The Delaware Court of Chancery denied in part and granted in part cross-motions for summary judgment. The court held that the notice of merger contained a material misstatement, that the standard of review for trial would be entire fairness with the burden of persuasion on the de
• STANDARD JURY INSTRUCTIONS-CIVIL CASES (NO. 02-2)
  872 So. 2d 893· Fla.· 2004-04-01 ·cited 8×
  The Florida Supreme Court approved amendments to the Standard Jury Instructions for Civil Cases (No. 02-2) relating to product liability instructions. The amendments clarify and restructure instructions on manufacturing defects and design defects, add cautionary notes about poten
• Ratliff v. State
  679 So. 2d 1183· Fla.· 1996-09-26 ·cited 8×
  The burden of persuasion to prove purposeful racial discrimination in the exercise of a peremptory challenge never leaves the opponent of the strike.
• Skukan v. Consolidation Coal Co.
  993 F.2d 1228· 6th Cir.· 1993-05-18 ·cited 8×
  The court held that the ALJ misconstrued evidence regarding disability causation and that the 'true doubt rule' is not violative of the Black Lung Benefits Act regulations or the Administrative Procedure Act.
• Jones v. Jones
  938 F.2d 838· 8th Cir.· 1991-07-09 ·cited 8×
  The court held that the district court did not err in denying the petition for a writ of habeas corpus, affirming the denial of relief on claims of jury discrimination, prosecutorial misconduct, inconsistent verdicts, and ineffective assistance of counsel.