party seeking instruction (District of Columbia) · Go Syfert
← District of Columbia issues

party seeking instruction in District of Columbia

6 District of Columbia opinions name it 1 courts 1986–2019 0 in the last five years

The cases below were cited by District of Columbia courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (5)

CaseFollowedCited
Hinnant v. United Statesgreen
dc · 1987 · cited in 2 District of Columbia opinions naming this issue, 2014–2014
2 sentences

2014The burden is on the party seeking the instruction to show that the evidence (1) was “likely to elucidate the transaction at issue” and (2) was “peculiarly available to the party against whom the adverse inference is sought to be drawn.” Tyer, 912 A.2d at 1164 (quoting Hinnant v. United States, 520 A.2d 292, 294 (D.C.1987)).

2014The burden is on the party seeking the instruction to show that the evidence (1) was “likely to elucidate the transaction at issue” and (2) was “peculiarly available to the party against whom the adverse inference is sought 33 to be drawn.” Tyer, 912 A.2d at 1164 (quoting Hinnant v. United States, 520 A.2d 292, 294 (D.C. 1987)).

22
Garbincius v. Boston Edison Companygreen
ca1 · 1980 · cited in 1 District of Columbia opinions naming this issue, 1990–1990
2 sentences

1990Ralston Oil & Gas Co. v. Gensco, Inc., 706 F.2d 685, 692 (5th Cir.1983); Lang v. Texas & Pacific Ry., 624 F.2d 1275, 1277 (5th Cir.1980); Garbincius v. Boston Edison Co., 621 F.2d 1171, 1174 (1st Cir.1980).

1990Ralston Oil & Gas Co. v. Gensco, Inc., 706 F.2d 685, 692 (5th Cir.1983); Lang v. Texas & Pacific Ry., 624 F.2d 1275, 1277 (5th Cir.1980); Garbincius v. Boston Edison Co., 621 F.2d 1171, 1174 (1st Cir.1980).

11
Jean Lang v. Texas & Pacific Railway Company and Missouri-Pacific Railroad Companygreen
ca5 · 1980 · cited in 1 District of Columbia opinions naming this issue, 1990–1990
2 sentences

1990Ralston Oil & Gas Co. v. Gensco, Inc., 706 F.2d 685, 692 (5th Cir.1983); Lang v. Texas & Pacific Ry., 624 F.2d 1275, 1277 (5th Cir.1980); Garbincius v. Boston Edison Co., 621 F.2d 1171, 1174 (1st Cir.1980).

1990Ralston Oil & Gas Co. v. Gensco, Inc., 706 F.2d 685, 692 (5th Cir.1983); Lang v. Texas & Pacific Ry., 624 F.2d 1275, 1277 (5th Cir.1980); Garbincius v. Boston Edison Co., 621 F.2d 1171, 1174 (1st Cir.1980).

11
Ralston Oil and Gas Company v. Gensco, Inc., Gensco, Inc. v. Jack Ralston Oil & Gas Companygreen
ca5 · 1983 · cited in 1 District of Columbia opinions naming this issue, 1990–1990
2 sentences

1990Ralston Oil & Gas Co. v. Gensco, Inc., 706 F.2d 685, 692 (5th Cir.1983); Lang v. Texas & Pacific Ry., 624 F.2d 1275, 1277 (5th Cir.1980); Garbincius v. Boston Edison Co., 621 F.2d 1171, 1174 (1st Cir.1980).

1990Ralston Oil & Gas Co. v. Gensco, Inc., 706 F.2d 685, 692 (5th Cir.1983); Lang v. Texas & Pacific Ry., 624 F.2d 1275, 1277 (5th Cir.1980); Garbincius v. Boston Edison Co., 621 F.2d 1171, 1174 (1st Cir.1980).

11
Paul Belton v. United Statesgreen
cadc · 1967 · cited in 1 District of Columbia opinions naming this issue, 1986–1986
1 sentence

1986The burden is on the party seeking the instruction to convince the court “that there is evidence indicating the existence of a factual dispute.... [A]ny evidence, ‘however weak,’ will satisfy this requirement.” Rease, supra, 403 A.2d at 329 , citing Rouse, supra, 402 A.2d at 1221 and Day, supra, 390 A.2d at 962 ; see Belton v. United States, 127 U.S.App.D.C. 201 , 206, 382 F.2d 150, 155 (1967).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in District of Columbia. Read the followed side critically anyway.

Also cited on this issue (5)

CaseCitedYears
Tyer v. United States green
dc · 2006
2 sentences

2019A party seeking an instruction to the jury regarding missing evidence must show that the evidence is "likely to elucidate the transaction at issue" and "peculiarly available to the party against whom the adverse inference is sought to be drawn." Tyer v. United States , 912 A.2d 1150 , 1164 (D.C. 2006) (citations and internal quotation marks omitted).

2014The burden is on the party seeking the instruction to show that the evidence (1) was “likely to elucidate the transaction at issue” and (2) was “peculiarly available to the party against whom the adverse inference is sought to be drawn.” Tyer, 912 A.2d at 1164 (quoting Hinnant v. United States, 520 A.2d 292, 294 (D.C.1987)).

32014–2019
Test v. United States green
scotus · 1975
2 sentences

2010In Test v. United States, 420 U.S. 28, 30 , 95 S.Ct. 749 , 42 L.Ed.2d 786 (1975) (per curiam), the Supreme Court held unequivocally that such an unqualified right exists under the FJSSA.

2010In Test v. United States, 420 U.S. 28, 30 , 95 S.Ct. 749 , 42 L.Ed.2d 786 (1975) (per curiam), the Supreme Court held unequivocally that such an unqualified right exists under the FJSSA.

12010–2010
Rouse v. United States green
dc · 1979
2 sentences

1986The burden is on the party seeking the instruction to convince the court “that there is evidence indicating the existence of a factual dispute.... [A]ny evidence, ‘however weak,’ will satisfy this requirement.” Rease, supra, 403 A.2d at 329 , citing Rouse, supra, 402 A.2d at 1221 and Day, supra, 390 A.2d at 962 ; see Belton v. United States, 127 U.S.App.D.C. 201 , 206, 382 F.2d 150, 155 (1967).

1986The burden is on the party seeking the instruction to convince the court “that there is evidence indicating the existence of a factual dispute.... [A]ny evidence, ‘however weak,’ will satisfy this requirement.” Rease, supra, 403 A.2d at 329 , citing Rouse, supra, 402 A.2d at 1221 and Day, supra, 390 A.2d at 962 ; see Belton v. United States, 127 U.S.App.D.C. 201 , 206, 382 F.2d 150, 155 (1967).

11986–1986
Day v. United States green
dc · 1978
1 sentence

1986The burden is on the party seeking the instruction to convince the court “that there is evidence indicating the existence of a factual dispute.... [A]ny evidence, ‘however weak,’ will satisfy this requirement.” Rease, supra, 403 A.2d at 329 , citing Rouse, supra, 402 A.2d at 1221 and Day, supra, 390 A.2d at 962 ; see Belton v. United States, 127 U.S.App.D.C. 201 , 206, 382 F.2d 150, 155 (1967).

11986–1986
Rease v. United States green
dc · 1979
2 sentences

1986The burden is on the party seeking the instruction to convince the court “that there is evidence indicating the existence of a factual dispute.... [A]ny evidence, ‘however weak,’ will satisfy this requirement.” Rease, supra, 403 A.2d at 329 , citing Rouse, supra, 402 A.2d at 1221 and Day, supra, 390 A.2d at 962 ; see Belton v. United States, 127 U.S.App.D.C. 201 , 206, 382 F.2d 150, 155 (1967).

1986The burden is on the party seeking the instruction to convince the court “that there is evidence indicating the existence of a factual dispute.... [A]ny evidence, ‘however weak,’ will satisfy this requirement.” Rease, supra, 403 A.2d at 329 , citing Rouse, supra, 402 A.2d at 1221 and Day, supra, 390 A.2d at 962 ; see Belton v. United States, 127 U.S.App.D.C. 201 , 206, 382 F.2d 150, 155 (1967).

11986–1986

Where else courts name it

PA 70 (1940–2025) GA 60 (1986–2026) IN 57 (1994–2026) TX 50 (1968–2025) NY 41 (1980–2023) IL 40 (1975–2024) CA 31 (1964–2025) NJ 27 (1969–2025) OH 21 (1990–2026) IA 20 (1990–2025) AL 14 (1975–2014) WA 14 (2001–2026) WI 13 (1967–2022) OR 12 (1985–2023) NM 11 (2001–2021) NC 10 (2001–2025) FL 10 (1987–2022) CT 9 (1991–2021) MA 9 (1974–2024) TN 9 (2002–2026) AZ 7 (1982–2020) LA 7 (1997–2024) DC 6 (1986–2019) AK 6 (1981–2009) MO 5 (1995–2016) ME 5 (2003–2022) MN 5 (1997–2017) KY 4 (2018–2024) NV 4 (2015–2015) DE 4 (1996–2019) CO 4 (2006–2024) AR 4 (1979–2017) WV 4 (1998–2023) NH 3 (1976–2017) MD 3 (2006–2018) UT 2 (2017–2021) RI 2 (1978–1998) VT 2 (2018–2020) KS 2 (2013–2017) MT 2 (2002–2012) MI 2 (2016–2021)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

← Caselaw search · G Cite Topics · Brief Check