§ 5.5.2 Burden of Proof.

• Jurisdiction: Arizona

§ 5.5.2 Burden of Proof. Until the Supreme Court’s decision in Medtronic, Inc. v. Mirowshi Family Ventures, LLC, ___ U.S. ___, 134 S. Ct. 843 (2014) , the federal authorities were divided on which party bears the burden of proof in a declaratory judgment action. Wright & Miller, supra, § 2770 . Some federal decisions followed the policy first established in the leading state court decision of Travelers Insurance Co. v. Greenough, 88 N.H. 391, 190 A. 129 (1937), that the burden of proof should not be...