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Justices weigh FLSA overtime exemption burden of proof

Legal Dive

A number of federal laws use a preponderance of evidence standard and so should the Fair Labor Standards Act, says the attorney representing the employer in the case.

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DON’T WIN THE BATTLE BUT LOSE THE WAR OVER CAUSATION AS A TRIAL ISSUE

Plaintiff Trial Lawyer Tips

Review the law with the jury that proof of causation is only to show it is more likely true than not true. Consider a PowerPoint with “Burden of Proof” at top. One tipped 100% another 75% and another 51% At bottom, the proof required is more likely than not. See: Washington Pattern Jury Instruction 21.01

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Painting with a Broad Brush: The European Commission’s Failure to Distinguish Seeking Damages for Past Infringement from Seeking an Injunction

IP Watchdog

Previously, we wrote about how alleged concerns of “hold-up” and a lack of “transparency”, two non-legal terms without accepted definitions, are being used to advocate for special rules applicable to patents subject to declarations regarding Fair, Reasonable and Non-Discriminatory (FRAND) licensing.

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Self-Collection, Discovery About Discovery, and Curative Sanctions

E-Discovery LLC

The Burden of Proof However, the Formel court focused on the burden of proof: The Federal Rules of Civil Procedure are silent about which party bears the burden of proving the reasonableness of the steps to preserve ESI. Other courts would place the burden on the party moving for sanctions. … May 26, 2011).

Discovery 130
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CAFC Affirms PTAB Ruling on Motivation and Expectation of Success Over Newman’s Dissent

IP Watchdog

Ethicon on appeal contended that the PTAB improperly placed the burden of proof on them and that the PTAB’s finding of reasonable expectation of success when the asserted prior art was combined was unsupported by substantial evidence. 9,844,379 B2 (the ‘379 patent) were unpatentable as obvious.

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How to Prepare for Your First Mock Trial

Jonathan Leach LLC

Then, clarify the burden of proof for each side. Collectively Discuss the Case After you’ve gathered all your notes, come together with your team to collectively identify the case elements so everyone is on the same page and understands the case framework.

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The Judge's Factfinding Rule (In Jury Trials)

Evidence at Trial

Preliminary Facts in Federal Court What attorneys often fail to appreciate is that there are different burdens of proof for a preliminary fact compared to an adjudicative fact. 104(b) provides a lower burden of proof. The difference between Rule 104 (a) and (b) is potentially significant. See e.g. , Bourjaily v.