Commodity Futures Trading Commission and the State of Florida v. Wellington Precious Metals, Inc., Daniel Weiss

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• discussing a civil contempt finding made after a party failed to obey an order made “following a bench trial”
• upholding trial court’s contempt finding and rejecting inability defense where contemnor failed to demonstrate that he made “all reasonable efforts” to comply and lacked credibility
• discussing the risk that continuing to incarcerate a contemnor could lose its coercive effect if the contem-nor has demonstrated that despite continued incarceration, he is unwilling or unable to comply
• “The court will not reconsider the legal or factual basis of the order alleged to have been disobeyed.”
• “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.”
• “Even if the efforts [the respondent] did make were substantial, diligent or in good faith, the fact that he did not make all reasonable efforts establishes that [respondent] did not sufficiently rebut the prima facie showing of contempt”

Source: CourtListener parenthetical corpus (CC0).