In considering the impact of a Supreme Court decision on the burden of proof in a prohibited transaction suit, a federal judge found that the plaintiff had to first have standing to bring suit for ...
In an August 2, 2024, decision in Pizarro v. The Home Depot, Inc., No. 22-13643 (11th Cir. Aug. 2, 2024), the Eleventh Circuit reaffirmed its position — and the position of the majority of federal ...
Under Indian law, ordinarily the burden of proving (a) loss or damage or legal injury, as well as (b) the extent, quantum and ...
Burden of proof defines who must prove a point in legal cases. It determines the level of evidence required to win a case. The state has the burden of proof in criminal cases. You may have heard about ...
Last week, in a highly anticipated ruling, the U.S. Supreme Court issued its decision in EMD Sales Inc. v. Carrera, Case No. 23-217, concluding that a preponderance-of-the-evidence standard applies ...
In the final day of the committee stage of progressing the Data Bill through the House of Lords before the Christmas break, we attempted to persuade the government of the urgent need to consider how ...
Several years ago I was in trial defending a client in a lawsuit. The other party was on the stand. He had tremulously raised his hand and sworn to tell the truth. Then he began … to unconscionably ...