Topic: a party seeking civil contempt bears the initial burden of … · Go Syfert
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Topic #7462

8 canonical passages across 4 cases, quoted by 48 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 Commodity Futures Trading Commission and the State of Florida v. Wellington Precious Metals, Inc., Daniel Weiss.

#Case FlagCanonical passage Citers
1 Commodity Futures Trading Commission and the State of Florida v. Wellington Precious Metals, Inc., Daniel Weiss Anchor
ca11 · 1992
green “a party seeking civil contempt bears the initial burden of proving by clear and convincing evidence that the alleged contemnor has violated an outstanding court order.” 15
2 Commodity Futures Trading Commission and the State of Florida v. Wellington Precious Metals, Inc., Daniel Weiss
ca11 · 1992
green “once a prima facie showing of a violation has been made, the burden of production shifts to the alleged contemnor, who may defend his failure on the grounds that he was unable to comply.” 7
3 Citronelle-Mobile Gathering, Inc. v. James D. Watkins
ca11 · 1991
green “cannot be any greater than necessary to ensure such compliance” 5
4 Popular Bank of Florida v. Banco Popular de Puerto Rico
flsd · 1998
green “contempt of court is the disregard of judicial authority.” 5
5 Georgia Power Co. v. National Labor Relations Board
ca11 · 2007
green “focus in a civil contempt proceeding is not on the subjective beliefs or intent of the alleged contemners in complying with the order, but whether in fact their conduct complied with the order at issue.” 4
6 Commodity Futures Trading Commission and the State of Florida v. Wellington Precious Metals, Inc., Daniel Weiss
ca11 · 1992
green “succeed on the inability defense, the alleged contemnor must go beyond a mere assertion of inability and establish that he has made in good faith all reasonable efforts to meet the terms of the court order he is seeking to avoid.” 4
7 Popular Bank of Florida v. Banco Popular de Puerto Rico
flsd · 1998
green “civil contempt proceedings may be employed to coerce a contemnor into compliance with the court's order and to compensate a complainant for losses sustained.” 4
8 Popular Bank of Florida v. Banco Popular de Puerto Rico
flsd · 1998
green “the court's power to enforce compliance with its lawful orders is inherent.” 4

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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