Statutory de novo trials make agency findings only prima facie evidence.
Evidence
HEALEY, J. The appellant, Joseph Martinelli & Company, Inc., brings this appeal in accordance with the Perishable Agricultural Commodities Act, (7 U.S.C.A. Sec. 499a et seq.), to set aside a reparation award order of the Secretary of Agriculture. The Act provides for a trial do novo which “shall proceed in all respects like other civil suits for damages, except that thefaindings effactand order or orders of the Secretary shall be rima-facie evidence of the facts therein stated.” (7 U.S.C.A. Sec. -499g(TY. — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process, 1509
Categorization
- DEFINE: Clarifies the distinctive de novo-plus-prima-facie-evidence structure Congress built into the PACA reparation scheme.
- XREF: connects to: Research findings only make propositions more likely, never conclusive.