Justices weigh FLSA overtime exemption burden of proof
Legal Dive
NOVEMBER 6, 2024
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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How to Prepare for Your First Mock Trial
Jonathan Leach LLC
JUNE 10, 2024
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.
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Self-Collection, Discovery About Discovery, and Curative Sanctions
E-Discovery LLC
SEPTEMBER 22, 2024
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).
CAFC Affirms PTAB Ruling on Motivation and Expectation of Success Over Newman’s Dissent
IP Watchdog
MAY 25, 2022
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.
The Judge's Factfinding Rule (In Jury Trials)
Evidence at Trial
NOVEMBER 10, 2021
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.
CONSIDER A TRIAL CHECKLIST
Plaintiff Trial Lawyer Tips
OCTOBER 31, 2024
JURY SELECTION PREPARATION Select major liability issues, positive and negative, to discuss Select major damage issues, positive and negative to discuss Select major legal concepts to discuss e.g. burden of proof etc.
Why Can’t The Legal Function Prove Its Value?
InHouseBlog
JANUARY 25, 2021
Trial work requires knowing your audience, producing evidence, meeting the burden of proof, and demonstrating entitlement to the relief sought. In an industry that involves a lot of nose-down work, lawyers must lift their heads up and see the change that is occurring around them. “Law is about persuasion.
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