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

Plaintiff Trial Lawyer Tips

The reality is that a jury, following the jury instructions can find significant negligent conduct they object to, but conclude it did not cause the harm plaintiff is complaining about. Review the law with the jury that proof of causation is only to show it is more likely true than not true. See: Washington Pattern Jury Instruction 21.01

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When is a Categorical Privilege Log Insufficient?

E-Discovery LLC

Plaintiff objected, asserting attorney-client privilege, joint prosecution privilege, common interest privilege, and the attorney work-product doctrine. The court noted that the party invoking privilege has the burden of proof and that privileges are construed narrowly. Zafirov , 2024 WL 2846007, at *2.

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Decoding Justice: Key Differences Between Civil and Criminal Litigation

CaseFox

The Burden of Proof : This refers to the responsibility that the plaintiff (the party bringing the case) must demonstrate sufficient evidence of their claims. In the emotionally charged landscape of civil disputes, a professional attorney provides objective advice, making merit-based legal decisions.

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SCOTUS Expands Right to Sue Police Who Bring Baseless Charges

Practice of Law

The burden of proof for the felony money laundering charge was high and contained a “knowledge” requirement. The Malicious Prosecution Suit For the malicious prosecution lawsuit, Chiaverini had to show why the officers did not have probable cause to bring the arrest.

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Town Sanctioned for Prejudicial Breaches of Duty to Preserve in Alleged Sexual Assault Case; Court Also Addresses Use of Personal Email by Council Members

E-Discovery LLC

see generally Burden of Proof: Sanctions for Intentional Deletion of Text Messages (Jul. 21, 2021); Burden of Proof of Spoliation (Dec. An objectively reasonable person in Fairmount Heights’ position would have taken steps to preserve these accounts.

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Understanding Jury Duty and Misconduct in the Legal Arena

Jury Analyst

A juror tasked with objective deliberation and verdict issuance based on evidence presented in court embodies the foundational aspect of a fair trial. Engaging with media reports on the case can pollute a juror’s objectivity with speculative or non-evidentiary information. Pronounced jury misconduct can lead to civil litigation.

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Understanding Jury Duty and Misconduct in the Legal Arena

Jury Analyst

A juror tasked with objective deliberation and verdict issuance based on evidence presented in court embodies the foundational aspect of a fair trial. Engaging with media reports on the case can pollute a juror’s objectivity with speculative or non-evidentiary information. Pronounced jury misconduct can lead to civil litigation.