How has the burden of proof been shifted in the context of fiduciary relationships?

MultiRegion, United States of America

The following excerpt is from Martinelli v. Bridgeport Roman Catholic, 196 F.3d 409 (2nd Cir. 1998):

Shifting the burden of proof protects fiduciary relationships by helping to ensure that the fiduciary acts consistently with the responsibilities such relationships entail. "[A]ny one acting in a fiduciary relation shall not be permitted to make use of that relation to benefit his own personal interest. This rule is strict in its requirements and in its operation. It extends to all transactions where the individual's personal interests may be brought into conflict with his acts in the fiduciary capacity . . . ." Id. at 1184 (quoting State v. Culhane, 78 Conn. 622, 629, 63 A. 636, 638 (1906) (internal quotation marks and citation omitted)).

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