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Burden of Proof Evidence

Marshall Dennehey

Pennsylvania Supreme Court Clarifies Clear and Convincing Standard in Attorney Disciplinary Cases

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In the recent disciplinary matter of ODC v. Anonymous, 2025 WL 524221 (Pa. Feb. 12, 2025), the Pennsylvania Supreme Court established the standard applicable to attorney disciplinary matters, expressly holding that the...more

Winstead PC

Court Reversed Order Setting Aside The Probating Of A Will Where The Evidence Was Insufficient To Support The Order

Winstead PC on

In In re Estate of Johnson, an administrator and a third party appealed the trial court’s judgment setting aside the probate of the decedent’s will, removing the administrator, and voiding the sale of an estate asset to the...more

JUSTICENTER

How Hard Is It To Win a Personal Injury Lawsuit?

JUSTICENTER on

Outside of small claims court, personal injury lawsuits can be difficult to win. Even in small claims court, you might not find an easy road to victory. Certain types of cases, such as product liability cases and medical...more

Sunstein LLP

Collateral (Patent) Damage Undone by Federal Circuit?

Sunstein LLP on

In Kroy IP Holdings v. Groupon, The Federal Circuit issued a decision that should come as a comfort to patent owners, addressing the interplay between decisions of the Patent Trial and Appeal Board (“PTAB”) in inter partes...more

Zuckerman Spaeder LLP

A Circuit Split Deepens on Burden to Establish Foreign Privilege to Defeat Section 1782 Discovery

Zuckerman Spaeder LLP on

For litigants in foreign courts, 28 U.S.C. § 1782 has long been a promising, if finicky, tool to access discoverable materials by filing an ex parte application in U.S. federal district court. The statute provides certain...more

Venable LLP

Supreme Court Clarifies Burden of Proof for FLSA Exemptions

Venable LLP on

On January 15, 2025, the U.S. Supreme Court clarified the burden of proof employers must satisfy when questions arise concerning employee classification under the Fair Labor Standards Act ("FLSA"). ...more

Society of Corporate Compliance and Ethics...

[Event] Experienced Investigator Workshop - May 21st - 22nd, Orlando, FL

Ready to take your investigative skills to the next level? This two-day interactive workshop is for investigators who already have basic investigative know-how as well as leaders who supervise an organization’s...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Seventh Circuit Clarifies Plaintiffs’ Evidentiary Burden in FLSA Cases

In Osborn v. JAB Management Services, Inc., No. 24-1573 (January 22, 2025), the U.S. Court of Appeals for the Seventh Circuit affirmed a district court’s entry of summary judgment in favor of an employer on a former...more

Marshall Dennehey

Key New Jersey Appellate Win Secured in Legal Malpractice Action

Marshall Dennehey on

A decision impacting the defense of such actions from damages claims by new businesses - In an Appellate decision impacting the defense of legal malpractice actions arising out of claims for damages by new businesses, Jack...more

Marshall Dennehey

Delaware Superior Court Reverses Industrial Accident Board Decision, Holding the Board Erred as a Matter of Law and Abused Its...

Marshall Dennehey on

United Parcel Service v. Willis, 2024 WL 5039034 (Del. Super. Ct. Dec. 6, 2024) - On June 8, 2021, at approximately 4 a.m., Mr. Willis was involved in single-vehicle accident when his work truck struck a guardrail. The...more

Perkins Coie

The US Supreme Court Addresses the Standard of Proof for Exemptions Under the FLSA

Perkins Coie on

The Supreme Court of the United States rejected a higher standard of proof for employers to demonstrate that an employee is exempt under the Fair Labor Standards Act (FLSA), providing clarity for FLSA disputes across the...more

IMS Legal Strategies

Conspiracy-Minded Jurors: A Defense Playbook

IMS Legal Strategies on

In the aftermath of Hurricane Helene's damage to western North Carolina, a new conspiracy theory gained traction. This conspiracy held that the federal government manipulated the weather as Hurricane Helene hit North Carolina...more

Constangy, Brooks, Smith & Prophete, LLP

Robin's quickie guide to motions to dismiss, summary judgment, and trial

What's the difference? There are three main ways for a defendant to bring a lawsuit to an end. Each involves a different level of proof – and of expense and hassle. It's better to get a lawsuit “disposed of” as early as...more

Polsinelli

Supreme Court Unanimously Clarifies Burden of Proof for FLSA Exemptions

Polsinelli on

On January 15, 2025, the Supreme Court of the United States issued a unanimous decision in E.M.D. Sales, Inc. v. Carrera, finally clarifying the standard of proof for employers to demonstrate an employee is properly exempt...more

FordHarrison

SCOTUS Resolves Circuit Dispute on FLSA Evidence Standards, Clarifying Lower Evidentiary Burden for Employers

FordHarrison on

Real World Impact:  In a unanimous decision issued on January 15, 2025, the Supreme Court of the United States ruled that the “preponderance of evidence” standard applies to employers seeking to prove an employee exemption...more

Jones Day

“First Available” Date Alone Is Insufficient Evidence of Disclosure

Jones Day on

The Patent Trial and Appeal Board (“PTAB”) denied institution in an inter partes review (“IPR”), finding that an online store’s assertion regarding when a product was “first available” is by itself insufficient evidence of...more

Cozen O'Connor

First United Pentecostal Church: Taking Time to Resolve Doubts as to Liability is Not Bad Faith 

Cozen O'Connor on

In a recent decision, First United Pentecostal Church v. Church Mutual Insurance Company, the United States Court of Appeals for the Fifth Circuit reaffirmed the principle that an insured must provide adequate evidence that...more

Society of Corporate Compliance and Ethics...

[Virtual Event] Fundamentals of Compliance Investigations - December 16th - 17th, 8:00 am - 5:00 pm CT

Handle investigations with confidence - Effective compliance programs rely on effective investigators to follow up on reports and identify potential gaps that need attention. If you are a new or future investigator or are...more

Kohrman Jackson & Krantz LLP

How to Prepare for a Title IX Hearing: Tips and Strategies

You’re sitting in your dorm room (or office), putting the finishing touches on an assignment, when an email from your university’s Title IX office appears in your inbox. As you read it, your heart sinks: a student you briefly...more

Society of Corporate Compliance and Ethics...

[Event] Experienced Investigator Workshop - September 26th - 27th, Grapevine, TX

This two-day interactive workshop is for investigators who already know the basic skills and leaders who supervise an organization’s investigations program. Attendees will engage in expert-led discussions on a wide variety of...more

Strafford

[Webinar] FLSA Collective Action: Erosion of Lusardi Two-Step Certification, Appellate Courts’ New Standards, Circuit Split -...

Strafford on

This CLE webinar will examine the status of FLSA collective action certification following the recent Swales and Clark appellate decisions, including a close look at the new standards established under each. The panel will...more

Hogan Lovells

Proof in Trial: University of Louisville

Hogan Lovells on

Subscribe and listen to Proof in Trial here: https://proofintrial.lnk.to/series A high-stakes U.S. Supreme Court case with precedent-setting ramifications on federal elections, an NCAA basketball team fighting for its...more

Society of Corporate Compliance and Ethics...

[Virtual Event] Fundamentals of Compliance Investigations - May 1st - 2nd, 10:00 am - 2:00 pm CT

Handle investigations with confidence - Effective compliance programs rely on effective investigators to follow up on reports and identify potential gaps that need attention. If you are a new or future investigator or are...more

Society of Corporate Compliance and Ethics...

[Event] Experienced Investigator Workshop - June 3rd - 4th, New Orleans, LA

This two-day interactive workshop is for investigators who already know the basic skills and leaders who supervise an organization’s investigations program. Attendees will engage in expert-led discussions on a wide variety of...more

Sheppard Mullin Richter & Hampton LLP

The Intertwining Nature of Motivation to Combine and Reasonable Expectation of Success

In Elekta Limited v. Zap Surgical Systems, Inc., No. 21-1985 (Fed. Cir. Sept. 21, 2023), the case addresses the interplay between findings related to motivation to combine and reasonable expectation of success in determining...more

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