Preponderance Of The Evidence

3,086 Florida cases classified under this topic, plus 56 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• Loxly Epie v. Herakles Farms, LLC
  Del. Ch.· 2025-07-21
  The Court denied the plaintiff's request to nullify the LLC's certificate of cancellation and appoint a receiver. The plaintiff failed to prove by a preponderance of the evidence that the Cameroon judgment was entered against the LLC, and therefore, could not demonstrate that the
• Hunter v. Lowe's Home Ctrs., LLC
  M.D. Fla.· 2025-07-17
  The court held that the defendant failed to establish by a preponderance of the evidence that the amount in controversy exceeded the $75,000 jurisdictional threshold for diversity jurisdiction.
• Evans v. Home Depot USA, Inc.
  M.D. Fla.· 2025-07-11
  The court held that the defendant met its burden to prove the amount in controversy exceeded $75,000, thus denying the plaintiff's motion to remand.
• Shue v. Sam's E., Inc.
  M.D. Fla.· 2025-07-11
  The court held that the defendant failed to establish the amount in controversy required for diversity jurisdiction, and therefore the case must be remanded.
• In re Zantac (ranitidine
  Del.· 2025-07-10
  The Delaware Supreme Court reversed the Superior Court's decision denying motions to exclude expert testimony in the Zantac litigation. The Court held that the Superior Court erred by applying a "liberal thrust" standard favoring admissibility, by concluding Delaware's evidentiar
• U.S. Bank v. Roesch
  M.D. Fla.· 2025-07-01
  The court granted the plaintiff's motion for summary judgment because the defendant failed to raise a triable issue of material fact or support his defenses with evidence.
• Fountain Shoppes, LLC v. Great Am. Ins. Co. of N.Y.
  S.D. Fla.· 2025-06-05
  The court granted the motion to exclude Plaintiff's expert witnesses because they failed to meet the Daubert standard for admissibility, lacking sufficient methodology and reliable principles.
• DeLiso v. State Farm Mut. Auto. Ins. Co.
  M.D. Fla.· 2025-06-03
  The court held that State Farm provided sufficient evidence to establish the amount in controversy for removal, but must provide further evidence regarding the plaintiff's citizenship.
• Bennett v. DHSMV
  13th Cir. Ct. App. Div.· 2025-05-27
  The court denied a petition for writ of certiorari challenging an administrative decision to uphold revocation of the petitioner's driving privileges following a DUI arrest and refusal to submit to a breath test. The petitioner argued the hearing officer departed from essential r
• Alexander v. Target Corp.
  M.D. Fla.· 2025-05-23
  The court held that the defendant met its burden to establish the amount in controversy exceeded $75,000, thus denying the plaintiff's motion to remand.
• Smith v. The Sch. Bd. of Hillsborough Cnty.
  Fla. 2d DCA· 2025-05-21
  A school board must prove underlying allegations against a teacher by a preponderance of the evidence through admissible evidence, not hearsay, and must allow the employee to confront witnesses with personal knowledge of the incident. Relying almost entirely on hearsay statements
• Potter v. Home Depot U.S.A., Inc.
  M.D. Fla.· 2025-05-05
  The court held that the defendant's notice of removal was insufficient because it failed to adequately establish the amount in controversy for diversity jurisdiction.
• Bertola
  Del. Super. Ct.· 2025-04-21
  The court denied in part and granted in part the defendants' motion for summary judgment. The court found genuine issues of material fact regarding causation for the product liability claims, denying summary judgment on that issue. However, the court granted summary judgment for
• Connell v. Owners Ins. Co.
  M.D. Fla.· 2025-04-10
  The court held that the defendant failed to establish the amount in controversy exceeded $75,000, thus federal diversity jurisdiction was lacking.
• Conlon v. Nationwide Mut. Ins. Co.
  M.D. Fla.· 2025-04-09
  The court held that it lacked subject-matter jurisdiction because the defendant failed to prove to a legal certainty that the amount in controversy exceeded $75,000.
• Santos v. Nahum
  S.D. Fla.· 2025-04-07
  The court held that the defendants failed to establish by a preponderance of the evidence that the amount in controversy exceeded $75,000 at the time of removal, thus granting the plaintiff's motion to remand.
• State v. Young
  Fla. 2d DCA· 2025-04-02
  The trial court properly excluded the defendant's confessions under State v. Tumlinson, which requires independent corroborating evidence to establish trustworthiness before admitting a defendant's memorialized confession under § 92.565 in sexual abuse cases. Judge LaBrit's concu
• Zeflon LLC v. World Reach Health, LLC
  S.D. Fla.· 2025-04-01
  Zeflon LLC, a reseller of COVID-19 antigen tests, sought payment of approximately $260,655 from World Reach Health, LLC, for tests allegedly delivered under multiple invoices, while World Reach disputed the quantities ordered, claimed undelivered shipments, and sought credits for
• Wagner v. Smith
  S.D. Fla.· 2025-03-19
  The court denied the plaintiff's motion to remand because the amount in controversy exceeded $75,000 and there were no procedural defects or bad faith in the removal.
• Rosenbaum v. QBE Specialty Ins. Co.
  M.D. Fla.· 2025-03-17
  The court held that the defendant failed to establish by a preponderance of the evidence that the amount in controversy exceeded the $75,000 jurisdictional minimum, and therefore, the case should be remanded to state court.
• Mitchell v. United States
  M.D. Fla.· 2025-03-10
  The court held that the petitioner's claims for vacating his sentence based on ineffective assistance of counsel lack merit and are procedurally defaulted or otherwise fail.
• Mills v. Home Depot USA, Inc.
  M.D. Fla.· 2025-03-06
  The court held that the defendant failed to establish federal diversity jurisdiction because it did not plausibly allege facts demonstrating the amount in controversy exceeded $75,000, nor did it adequately allege complete diversity.
• Tanksley v. State
  Fla. 1st DCA· 2025-02-26
  A restitution order must be supported by competent evidence of the victim's loss, and absent a showing that fair market value is inappropriate, the State must establish fair market value through direct testimony or evidence of the four statutory factors: original market cost, man
• Unico Commodities, LLC v. [Unknown]
  Del. Super. Ct.· 2025-02-25
  The Delaware Superior Court affirmed the trial court's decision, holding that Lofty Links, LLC (Lofty) was not entitled to retain funds provided by Unico Commodities, LLC (Unico) for a failed commodities transaction. The court found that no enforceable contract existed between Lo
• Shoats v. Folts
  M.D. Fla.· 2025-02-21
  The court held that the defendants failed to establish by a preponderance of the evidence that the amount in controversy exceeded $75,000, thus the court lacked subject matter jurisdiction.
• Fredrick Clark v. State
  Fla. 3d DCA· 2025-02-19
  A trial court may revoke probation where the State proves by a preponderance of the evidence that the defendant willfully and substantially violated a condition of probation.
• Hill v. Dixon
  Fla. 1st DCA· 2025-02-12 ·via Burden Of Proof By Preponderance Of The Evidence
  The First District Court of Appeal of Florida dismissed a petition for a writ of certiorari because the petitioner was released from prison, rendering the case moot. The court cited a prior case with similar reasoning for its decision.
• Kiki De Jager v. Gerhard Austen De Jager
  Fla. 3d DCA· 2025-01-29
  Wife appeals a final judgment of injunction for protection against domestic violence entered by the trial court in favor of Husband. The appellate court affirmed the injunction, finding it was supported by competent, substantial evidence and that the trial court properly exercise
• Saylor v. State Farm Auto. Ins. Co.
  M.D. Fla.· 2025-01-23
  The court held that the defendant failed to establish by a preponderance of the evidence that the amount in controversy exceeded $75,000, requiring remand to state court.
• Recovery Agents, LLC v. Est. of Peter Tutko
  Fla. 2d DCA· 2025-01-22
  A trial court must conduct a full evidentiary hearing before finding a fraudulent conveyance under Florida's Uniform Fraudulent Transfer Act, and a party cannot be deprived of the opportunity to present evidence and contest allegations based on expediency or convenience.
• Smith v. Daffin
  M.D. Fla.· 2025-01-16
  The court held that the plaintiff failed to establish the amount in controversy by a preponderance of the evidence, warranting dismissal without prejudice for lack of subject matter jurisdiction.
• Hartree Natural GAS Storage, LLC v. C.A. No. N22c-07-073 PRW Ccld PAA Natural GAS Storage, L.P.
  Del. Super. Ct.· 2025-01-15
  The Delaware Superior Court found PAA Natural Gas Storage, L.P. (PAA) liable for fraud under Section 4.20 of the Membership Interest Purchase Agreement (MIPA) for misrepresenting the quantity of "base gas" in the Pine Prairie facility. The court awarded Hartree Natural Gas Storag
• Monte v. Sherwin-Williams Dev. Corp.
  M.D. Fla.· 2025-01-14
  The court held that defendant's motion to exclude expert testimony was granted due to untimeliness and lack of reliability, but the motion for summary judgment was denied because the plaintiff's own testimony created a genuine dispute of material fact regarding causation.
• Anderson v. Khanna
  M.D. Fla.· 2025-01-10
  The court held that the defendant adequately demonstrated the amount in controversy exceeded $75,000, thus denying the motion to remand.
• Bell
  13th Cir. Ct. App. Div.· 2025-01-10
  Seth Michael Bell petitioned for a writ of certiorari challenging the Department's suspension of his driver's license on due process and Fourth Amendment grounds. The court upheld the suspension, finding that law enforcement had both reasonable suspicion to initiate a DUI investi
• Hall v. Mundy
  Del. Ch.· 2025-01-08
  The court held that plaintiffs proved by a preponderance of the evidence that Joshua H. Walters was their father, entitling them to inherit a fifty-percent interest in the subject property. The court further held that the equitable doctrine of laches did not bar the plaintiffs' q
• Perez v. Shanks
  M.D. Fla.· 2025-01-06
  The court held that the defendant failed to establish by a preponderance of the evidence that the amount in controversy exceeded $75,000, thus the court lacked subject matter jurisdiction.
• Salguero v. Wal-Mart Stores E., LP
  M.D. Fla.· 2024-12-30
  The court held that the defendant failed to meet its burden of proving the amount in controversy exceeded $75,000, thus diversity jurisdiction was not established.
• Solomon v. AIG Prop. Cas. Co.
  M.D. Fla.· 2024-12-11
  The court held that the defendant sufficiently established the amount in controversy exceeded $75,000, thus denying the motion to remand.
• Gubanich v. State Farm Mut. Auto. Ins. Co.
  M.D. Fla.· 2024-12-03
  The court held that the defendant failed to establish by a preponderance of the evidence that the amount in controversy exceeded $75,000, thus denying removal.
• United States v. ONE 1999 135-Foot Baglietto Yacht
  S.D. Fla.· 2024-12-03
  The court recommended granting the government's motion for default judgment and forfeiture because the government complied with all procedural requirements and no claims were filed.
• In & for Sussex Cnty. Sean Wilkerson & Abby Wilkerson v. Plaintiffs
  Del. C.P.· 2024-11-27
  The appellate court affirmed the trial court's judgment, finding that the defendants breached their contract and were liable for negligence per se. The court held that the plaintiffs were third-party beneficiaries to the contract for the septic system inspection, and the defendan
• de la Melena v. Panez
  Fla. 6th DCA· 2024-11-22
  The trial court properly denied the father's Hague Convention petition for return of the child to Peru because the mother established the "well settled" exception by showing the child had developed a stable, permanent life in Florida with significant connections to her new enviro
• Metts v. Circle K Stores Inc.
  M.D. Fla.· 2024-11-22
  The court held that the defendant failed to establish by a preponderance of the evidence that the amount in controversy exceeded $75,000, thus the case must be remanded to state court.
• Greenberg v. Fca US LLC
  M.D. Fla.· 2024-11-13
  The court held that the defendant failed to establish by a preponderance of the evidence that the amount in controversy exceeded $75,000, thus the court lacked subject matter jurisdiction.
• Del. in & for New Castle Cnty. Lisa Sinclair v. C.A. No: CPU4-23-001732 CMI Solar & Elec., Inc.
  Del. C.P.· 2024-10-31
  The Court entered judgment in favor of Lisa Sinclair, awarding her one dollar in nominal damages. While Ms. Sinclair proved a material breach of contract and breach of implied warranty of good quality and workmanship, she failed to prove compensatory damages to a reasonable certa
• Malara v. United States
  M.D. Fla.· 2024-10-21
  The court held that the prisoner's claims of ineffective assistance of counsel lack merit and are denied.
• Hennessy v. Garrison Prop. & Cas. Ins. Co.
  M.D. Fla.· 2024-10-18
  The court held that the defendant failed to establish by a preponderance of the evidence that the amount in controversy exceeded $75,000, requiring remand to state court.
• Dayton v. United States
  M.D. Fla.· 2024-09-30
  Joseph Richard Dayton, a Vietnam veteran exposed to Agent Orange, sued the United States under the Federal Tort Claims Act alleging that the Veterans Administration negligently failed to conduct shared decision-making discussions regarding prostate cancer screening before discont
• Buck v. Viking Holding Mgmt. Co. LLC
  Del. Super. Ct.· 2024-09-30
  The Delaware Court of Chancery found that Novus Media, LLC (Novus) and its parent company, Viking Holding Management Company (Holdco), did not prove by a preponderance of the evidence that Michael Buck was terminated for 'Cause' as defined in the Holdco LLC Agreement. The court d