Estate of Burton W. Kanter, Deceased, Joshua S. Kanter, Executor, and Naomi R. Kanter, et al. - Page 208

                                                 -28-                                                   
            V.  Standard of Deference Due to General Findings of Fact and                               
            Credibility Determinations Contained in the STJ Report                                      
                  It is well settled that findings of fact and credibility                              
            determinations made by the judicial officer who presided over the                           
            trial of a case are presumed to be correct.  Rule 183(d); Ballard                           
            v. Commissioner, 544 U.S. 40 (2005) (and cases cited therein).                              
            The axiom that deference must be given to the trial judge’s                                 
            findings of fact is rooted in the view that the trial judge (1)                             
            is uniquely positioned to evaluate the credibility of witnesses,                            
            (2) brings experience and expertise to the fact-finding process,                            
            and (3) is normally the person most familiar with the record in a                           
            case.  Anderson v. City of Bessemer, N.C., 470 U.S. 564, 575, 580                           
            (1985); see Fed. R. Civ. P. 52(a), Advisory Committee Notes (1985                           
            amendment).                                                                                 
                  As previously discussed, the Courts of Appeals for the                                
            Eleventh Circuit and the Fifth Circuit remanded the Ballard and                             
            Lisle cases to this Court and directed that the recommended                                 
            findings of fact in the STJ report are presumed to be correct                               
            “unless manifestly unreasonable”.  Respondent concedes that,                                
            although the Court of Appeals for the Seventh Circuit did not                               
            articulate a particular standard for review in its remand of the                            
            Kanter cases, the Court should apply the same “manifestly                                   
            unreasonable” standard in all of the cases consolidated herein.                             
            Although respondent disagrees that the “manifestly unreasonable”                            
            standard is the appropriate standard to be applied under new Rule                           





Page:  Previous  18  19  20  21  22  23  24  25  26  27  28  29  30  31  32  33  34  35  36  37  Next

Last modified: May 25, 2011