Burden Of Persuasion

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

• Catherine M.M. Felton v. Trs. OF the Cal. State Univs. & Colleges
  708 F.2d 1507· 9th Cir.· 1983-06-24 ·cited 6×
  The court should affirm the lower court's decision and not remand for further proceedings.
• Sumner v. SAN Diego Urban League, Inc.
  681 F.2d 1140· 9th Cir.· 1982-07-20 ·cited 6×
  The court held that the district court's findings of fact and conclusions of law were insufficient to enable appellate review of the discrimination claim under the McDonnell Douglas-Burdine framework.
• Obert E. Brady v. Allstate Ins. Co.
  683 F.2d 86· 4th Cir.· 1982-07-06 ·cited 6×
  The court held that there was insufficient evidence to support the jury's verdict that Brady's discharge was the result of reverse discrimination.
• Elbert James Hinkle v. Scurr
  677 F.2d 667· 8th Cir.· 1982-05-12 ·cited 6×
  The court held that the appellant's claims regarding inadequate psychiatric examination, ineffective assistance of counsel, and an improper jury instruction on voluntary intoxication did not warrant habeas corpus relief.
• Valley Title Co. v. Commissioner OF Internal Revenue
  559 F.2d 1139· 9th Cir.· 1977-08-24 ·cited 6×
  The court held that the tax court erred in finding insufficient evidence to establish the value of the exchanged properties and that the taxpayer had presented sufficient evidence to rebut the Commissioner's determination.
• United States v. Kelly
  500 F.2d 72· 7th Cir.· 1974-07-09 ·cited 6×
• Krause v. Sud-Aviation
  413 F.2d 428· 2d Cir.· 1969-07-02 ·cited 6×
  The court held that the district court did not err in allocating the burden of persuasion and that sufficient evidence supported the finding of liability for negligent manufacturing and breach of warranty.
• Villa Bellini Ristorante & Lounge, Inc. v. Ciro Mancini
  283 So. 3d 972· Fla. 2d DCA· 2019-11-15 ·cited 5×
  # LEGAL BRIEF **Villa Bellini Ristorante & Lounge, Inc. v. Ciro Mancini**, 2D18-2249 (Fla. App. 2d Dist. Nov. 15, 2019): The District Court of Appeal affirmed the circuit court's determination that Ciro Mancini, an executive chef, qualified as a shareholder of Villa Bellini and
• Hattie Bonner v. Miami Dade Pub. Schools/Gallagher Bassett Servs., Inc.
  148 So. 3d 152· Fla. 1st DCA· 2014-10-07 ·cited 5×
  In this workers' compensation appeal, the First District Court of Appeal reversed the Judge of Compensation Claims' denial of a $2,000 advance to an injured worker, holding that the claimant met her burden of proof by establishing financial need directly caused by her workplace i
• White v. Purdue Pharma, Inc.
  369 F. Supp. 2d 1335· M.D. Fla.· 2005-01-26 ·cited 5×
  To establish a prima facie case under Florida's private sector Whistleblower Act (FWA), a plaintiff must prove that the activity they objected to or refused to participate in was an actual violation of a law, rule, or regulation, not merely that they reasonably believed it was.
• NEW England Braiding Co., Inc. v. A.W. Chesterton Co.
  970 F.2d 878· Fed. Cir.· 1992-07-28 ·cited 5×
  The court held that the district court did not abuse its discretion in denying NEBCO's motion for a preliminary injunction, as NEBCO failed to demonstrate a likelihood of success on the merits regarding the patent's inventorship.
• Police Officers FOR Equal Rights v. The City OF Columbus
  916 F.2d 1092· 6th Cir.· 1990-10-22 ·cited 5×
  The court affirmed the district court's judgment, finding the 1989 lieutenant examination was job-related and that the trial court properly amended its order regarding the burden of proof.
• United States v. Suppa
  799 F.2d 115· 3d Cir.· 1986-08-27 ·cited 5×
  An indictment for a serious drug offense is sufficient to establish probable cause, triggering a rebuttable presumption of dangerousness under the Bail Reform Act, and the defendant failed to rebut this presumption.
• Dunavant Enters., Inc. v. Strachan Shipping Co.
  730 F.2d 665· 11th Cir.· 1984-04-23 ·cited 5×
  The court held that the district court's findings of no maritime bailment and no negligence were not clearly erroneous, thus affirming the dismissal of the case for lack of admiralty jurisdiction.
• Geovani Johnson v. State
  45 Fla. L. Weekly S161· Fla. 4th DCA· 2020-07-15 ·cited 4×
  A party opposing a peremptory strike must make a specific objection to the proponent's proffered race-neutral reason for the strike, if contested, to preserve any claim of error regarding the trial court's acceptance of that reason.
• Pacchiana v. State
  240 So. 3d 803· Fla. 4th DCA· 2018-02-14 ·cited 4×
  A peremptory strike of a prospective juror based solely on membership in a cognizable religious group (Jehovah's Witnesses) violates the defendant's constitutional rights when the state fails to question the juror about her religion before striking her and presents no evidence th
• Fla. Dep't OF Child. & Families v. Davis Family DAY Care Home
  160 So. 3d 854· Fla.· 2015-03-26 ·cited 4×
  The Florida Supreme Court held that the preponderance of the evidence standard, not the clear and convincing evidence standard, applies to initial license application proceedings under Florida's Administrative Procedure Act. The Court quashed the Second District's decision that h
• In re Standard Jury Instructions IN Crim. Cases-Report NO. 2011-05
  141 So. 3d 132· Fla.· 2013-04-25 ·cited 4×
  The Florida Supreme Court authorized three new standard criminal jury instructions and amendments to an existing instruction regarding eyewitness identification, temporary possession for legal disposal, lawfully obtained controlled substances, and jury procedures. The Court adopt
• Nicor Int'l Corp. v. El Paso Corp.
  318 F. Supp. 2d 1160· S.D. Fla.· 2004-05-25 ·cited 4×
  The court denied plaintiffs' motions, affirming its prior grant of summary judgment for defendants. It held that state law governs the recognition of foreign judgments, and under both Florida and Texas law, the Dominican Republic's sentence was not entitled to recognition due to
• Johnson v. Mortham
  915 F. Supp. 1574· N.D. Fla.· 1996-02-07 ·cited 4×
  The court held that in a redistricting case challenging racial gerrymandering under strict scrutiny, the plaintiffs bear the ultimate burden of persuasion, but the defendants bear the burden of production to justify the race-conscious districting plan.
• Flowers v. Ill. Dep't of Corr.
  962 F.2d 703· 7th Cir.· 1992-05-07 ·cited 4×
  The court held that the jury instructions violated due process and were not harmless error, entitling the petitioner to habeas relief, but that the double jeopardy claim failed due to jury confusion.
• Delbert King v. Gen. Elec. Co.
  960 F.2d 617· 7th Cir.· 1992-03-30 ·cited 4×
  The dissenting judge believes that any trial error favored the defendant, not the plaintiffs, and that the plaintiffs presented a strong case of age discrimination.
• Newark Branch v. Town OF Harrison
  940 F.2d 792· 3d Cir.· 1991-07-19 ·cited 4×
  The court held that the district court's definition of the relevant labor market was reasonable and that the Town of Harrison failed to provide a sufficient business justification for its residency ordinance, which resulted in a disparate impact on black applicants.
• State v. Falcon
  556 So. 2d 762· Fla. 2d DCA· 1990-01-26 ·cited 4×
  Florida appealed the dismissal of an embezzlement charge against a contractor, arguing that section 713.34(3) was constitutional. The Second District Court of Appeal held that while the underlying embezzlement charge was valid, the statutory provision creating a prima facie evide
• In re Dillon
  892 F.2d 1554· Fed. Cir.· 1989-12-29 ·cited 4×
  The dissenting judge argues that the majority incorrectly applied the obviousness standard by requiring the prior art to suggest the inventor's specific problem and use, contrary to established precedent.
• Humanik v. Beyer
  871 F.2d 432· 3d Cir.· 1989-03-31 ·cited 4×
  The court held that the New Jersey diminished capacity statute, as applied through the trial court's jury instructions, violated due process by impermissibly shifting the burden of persuasion to the defendant on an issue that negated an element of the crime.
• Keeler Brass Co. v. Cont'l Brass Co.
  862 F.2d 1063· 4th Cir.· 1988-12-07 ·cited 4×
  The court held that the district court's finding of independent creation, which rebutted the presumption of copyright infringement, was not clearly erroneous.
• Allseas Mar., S.A. v. M/V Mimosa
  812 F.2d 243· 5th Cir.· 1987-03-13 ·cited 4×
  The court held that a salvage award is limited to the value of the property saved and reduced the award because it was disproportionate to the saved value and other factors. The court also held that the salvor did not prove ownership of the fuel oil, thus it could not be included
• United States v. Knight
  636 F. Supp. 1462· S.D. Fla.· 1986-06-06 ·cited 4×
  The court affirmed detention for Richard Joseph and Michael Knight, but reversed detention orders for Roger Lee Hawkins and Barry Rex Harris, setting conditions for their release.
• United States v. Davis
  739 F.2d 172· 4th Cir.· 1984-07-18 ·cited 4×
  Any error in the jury instruction regarding intoxication's effect on specific intent was harmless beyond a reasonable doubt due to the totality of the instructions and the record.
• Stewart v. Israel
  738 F.2d 889· 7th Cir.· 1984-07-16 ·cited 4×
  The court held that the jury instructions, when read as a whole, adequately informed the jury that the state bore the burden of proving all elements of arson beyond a reasonable doubt, thus not violating the due process clause.
• Urduja Monroy Balicao v. The Univ. OF Minn.
  737 F.2d 747· 8th Cir.· 1984-06-26 ·cited 4×
  The court held that the district court's finding of no retaliatory discrimination was clearly erroneous, and the discharge was causally related to the discrimination claim.
• Lannon v. Hogan
  719 F.2d 518· 1st Cir.· 1983-10-25 ·cited 4×
• TLC Lines, Inc. v. Nat'l Labor Relations Bd.
  717 F.2d 461· 8th Cir.· 1983-09-27 ·cited 4×
  The court held that the record contained substantial evidence to support the National Labor Relations Board's finding that TLC Lines, Inc. violated the NLRA by discharging an employee due to his pro-union activities.
• Appliance Buyers Credit Corp. v. Prospect Nat'l Bank OF Peoria
  708 F.2d 290· 7th Cir.· 1983-05-24 ·cited 4×
  The appellate court affirmed the trial court's denial of specific performance but modified the judgment to allow the buyers to recover their $20,000 deposit, finding that forfeiture of the deposit would shock the judicial conscience.
• Vaughn v. Westinghouse Elec. Corp.
  702 F.2d 137· 8th Cir.· 1983-03-11 ·cited 4×
  The court affirmed the district court's finding that Westinghouse unlawfully disqualified Vaughn from her job due to racial discrimination, finding the stated reason of poor production to be pretextual.
• Nat'l Labor Relations Bd. v. Consol. Dress Carriers, Inc.
  693 F.2d 277· 2d Cir.· 1982-11-19 ·cited 4×
  The court held that reinstatement offers sent via telegrams were not necessarily invalid for failing to provide a reasonable time to respond, and remanded for a hearing on employee understanding and employer practice.
• Phillips v. Rose
  690 F.2d 79· 6th Cir.· 1982-10-06 ·cited 4×
  The court held that jury instructions creating a presumption of malice that shifted the burden of persuasion to the defendant violated due process and were not harmless error.
• ST. Peter v. Secretary of the Army
  659 F.2d 1133· D.C. Cir.· 1981-07-01 ·cited 4×
  The court affirmed the judgment for the defendant, holding that the plaintiff failed to prove unlawful discrimination under Title VII, even if the selection process was arbitrary.
• Shinn Eng'g, Inc. v. The United States
  611 F.2d 820· Ct. Cl.· 1979-11-14 ·cited 4×
  The dissenting judge believes the majority erred in finding excessive profits, arguing the government failed to meet its burden of proof.
• United States v. Obscene Magazines
  541 F.2d 810· 9th Cir.· 1976-08-09 ·cited 4×
  The court held that the district court's denial of forfeiture was not erroneous, as the government failed to meet its burden of persuasion that the exhibits were obscene under community standards.
• United States ex rel. Alton Cannon v. Smith
  527 F.2d 702· 2d Cir.· 1975-12-18 ·cited 4×
  The court held that the district court did not err in granting the writ of habeas corpus based on a constitutionally tainted lineup identification, affirming the order for a new trial or release.
• Kelly v. Am. Airlines, Inc.
  508 F.2d 1379· 5th Cir.· 1975-03-07 ·cited 4×
  The court held that the doctrine of res ipsa loquitur should not be extended to air turbulence cases and was inappropriate given the facts presented.
• Anderson v. United States
  126 F.2d 169· 3d Cir.· 1942-02-19 ·cited 4×
  A prior judicial determination of total permanent disability creates a presumption of its continuance, shifting the burden of proof to the government to show recovery.
• In re Standard Jury Instructions in Crim. Cases - Report 2018-12
  272 So. 3d 243· Fla.· 2019-05-30 ·cited 3×
  The Florida Supreme Court authorized proposed amendments to standard jury instructions in criminal drug cases, consolidating multiple trafficking instructions into one flexible instruction and revising affirmative defense language regarding knowledge of the illicit nature of cont
• In re Standard Jury Instructions IN Crim. Cases-Report 2011-02
  75 So. 3d 207· Fla.· 2011-10-13 ·cited 3×
  The Florida Supreme Court authorized amendments to instruction 16.3 for child abuse that include the elements of knowledge or willfulness, a parental affirmative defense, statutory definitions from Chapter 39, and lesser-included offenses of contributing to dependency and battery
• Meneses v. City Furniture & Liberty Mut. Grp.
  34 So. 3d 71· Fla. 1st DCA· 2010-03-25 ·cited 3×
  A claimant seeking supplemental income benefits in a workers' compensation case appealed the denial of benefits due to his failure to perform a required job search. The court affirmed, holding that the claimant bore the burden of proving the employer/carrier failed to send the ma
• Duyane Kinsey v. State
  623 So. 2d 556· Fla. 4th DCA· 1993-08-11 ·cited 3×
  Duyane Kinsey was convicted of delivering cocaine to an undercover officer introduced by a paid informant. Kinsey appealed claiming objective entrapment, but the Fourth District Court of Appeal affirmed, finding insufficient proof that police wrongfully induced him to commit the
• United States v. Viera
  814 F. Supp. 81· S.D. Fla.· 1993-02-19 ·cited 3×
  The court held that the defendant failed to rebut the statutory presumption of dangerousness, and the government proved by clear and convincing evidence that the defendant posed a danger to the community.
• Davis v. United States Dep't OF Just.
  968 F.2d 1276· D.C. Cir.· 1992-07-07 ·cited 3×
  The court held that a FOIA requester must bear the burden of production to show specific information is in the public domain, and that the government can withhold information under FOIA exemptions if this burden is not met.