Topic: the burden of proof is on the party claiming the benefit of… · Go Syfert
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Topic #19669

7 canonical passages across 6 cases, quoted by 21 opinions in total. These passages cluster together because the same opinions keep quoting them side by side — they state parts of one doctrine. The anchor passage is from Anastasi v. American Petroleum, Inc..

#Case FlagCanonical passage Citers
1 Anastasi v. American Petroleum, Inc. Anchor
cod · 1984
green “the burden of proof is on the party claiming the benefit of the exemption” 3
2 Gandhi v. Sitara Capital Management, LLC
ilnd · 2010
green “courts have repeatedly recognized that 4(2) of the securities act, as further elaborated upon in regulation d, is an affirmative defense to violations of 5.” 3
3 Zimmerman v. Northfield Real Estate, Inc.
illappct · 1987
green “a pleading must show only the possibility of recovery, not an absolute certainty, and it should not be dismissed unless it appears that the pleader in no event would be permitted to recover.” 3
4 Tirapelli v. Advanced Equities, Inc.
illappct · 2004
green “agreed with defendants' reading of greer, that the non-reliance provisions of the subscription agreements bar their claims.” 3
5 In re Marriage of Johnson
illappct · 2011
green “shall contain the contentions of the party with citation of the authorities and pages of the record relied on” 3
6 Greer v. Advanced Equities
illappct · 2012
neutral “as a matter of law that the plaintiffs could not have justifiably relied on any of the alleged oral misrepresentations because of the nonreliance clause in the subscription agreement.” 3
7 Greer v. Advanced Equities
illappct · 2012
neutral “greer did not address violation claims under the non fraud-based sections of the illinois securities law.” 3

A red or yellow flag on a member means the underlying case has negative treatment — for those, check the case page before relying on the passage.

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