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California Supreme Court

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Docket Number

S254938

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Outcome

July 27, 2020

The California Supreme Court holds that clear-and-convincing-evidence standard does not disappear on appeal. Instead, when reviewing a finding that must be proven by clear and convincing evidence, an appellate court must determine whether there was sufficient evidence to satisfy that heightened standard. The California Supreme Court’s reasoning generally tracked the Chamber’s amicus brief, and it relied on several out-of-state decisions cited only in our brief.

U.S. Chamber files amicus brief in the California Supreme Court arguing that appellate courts should consider the clear and convincing evidence standard on appeal when determining whether substantial evidence supports a finding governed by that standard

October 11, 2019

Click here to view the Chamber’s brief.

Curt Cutting and Jeremy B. Rosen of Horvitz & Levy LLP served as co-counsel for the U.S. Chamber of Commerce on behalf of the U.S. Chamber Litigation Center.

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