McEwen v. Tennessee Department of Safety

How courts have described this case

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

• noting that the “preponderance of the evidence” standard is harder to satisfy than the “substantial and material evidence” standard
• explaining that under the substantially similar UAPA standard of review, “the court must examine the agency’s factual findings to determine whether they are supported by substantial and material evidence”
• explaining that although “[a] reviewing court’s task becomes somewhat more complicated when an agency disagrees with the findings of fact in an initial order,” “it is still the agency’s final order, not the initial order, that is reviewed”
• “Proving an allegation by a preponderance of the evidence requires a litigant to convince the trier-of-fact that the allegation is more likely true than not true.”
• “The Court of Appeals may affirm a judgment on different grounds than those relied on by the trial court when the trial court reached the correct result.”
• “An agency is not bound by the hearing officer’s or administrative judge’s credibility determinations and, in fact, may make its own independent credibility determinations without hearing live testimony.”

Source: CourtListener parenthetical corpus (CC0).