article thumbnail

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

Plaintiff Trial Lawyer Tips

Here are some thoughts about doing that There is a distinct connection of thought between evidence of cause and circumstantial evidence. Direct and Circumstantial Evidence The evidence that has been presented to you may be either direct or circumstantial. One broadcast applied the logic of circumstantial evidence.

article thumbnail

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.

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

How to Prepare for Your First Mock Trial

Jonathan Leach LLC

Discuss which side needs to prove what and what the standards of evidence are needed. Then, clarify the burden of proof for each side. Use all evidence (documents, photographs, physical evidence, and expert reports) to support your case. Ensure that each point is backed by solid evidence and credible testimony.

article thumbnail

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
article thumbnail

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.

article thumbnail

The Judge's Factfinding Rule (In Jury Trials)

Evidence at Trial

The reality is that before a jury sees or hears any evidence, the judge first decides what the jury will see and hear. A preliminary fact is “a fact upon the existence or nonexistence of which depends the admissibility or inadmissibility of evidence.” ” Fed. ” Cal. Code § 400. See e.g. , Cal.

article thumbnail

    OPENING STATEMENT DAMAGE CONCEPTS

Plaintiff Trial Lawyer Tips

The jurors need to understand the burden of proof is not “beyond a reasonable doubt” but. I ntroduction to Burden of Proof & Damage Concepts In a trial like this, when we are talking about damages and harm, the test is for you to decide whether it is more probably true than not true. So that’s the family.