What is the burden of proving notice of fraud?
MultiRegion, United States of America
The following excerpt is from Nevada Power Co. v. Monsanto Co., 955 F.2d 1304 (9th Cir. 1992):
"Because our precedent dictates that the question of notice of fraud is for the trier of fact, the party seeking summary disposition has an extremely difficult burden to show that there exists no issue of material fact regarding notice." SEC v. Seaboard Corp., 677 F.2d 1301, 1309-10 (9th Cir.1982). We conclude that such burden has not been met here.
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