Disner v. Westinghouse Electric Corp.

I am of the opinion that the district court correctly instructed the jury on Disner’s burden of proof under Michigan law. I also conclude that, to the degree the question is doubtful, our standard of review in cases of this type requires that we affirm the district court. Accordingly, I must respectfully dissent.

I

The majority cites four Michigan cases for the proposition that “clear and convincing evidence” is needed to establish fraud. One of these four cases, Youngs v. Tuttle Hill Corp., 373 Mich. 145, 128 N.W.2d 472 (1964), is readily distinguishable. Youngs was an action on the equity…