Burden of Proof

Updated Version "The Texas Anti-SLAPP Statute: Issues for Business Tort Litigation," by Mark C. Walker, 7th Annual Bill of Rights...

by Mark Walker | Cox Smith on 5/23/2013

In this issue: - Table Of Contents - Table Of Authorities - I. Introduction. - II. Texas Citizens Participation Act: What is it? - A. Background and Enactment of the TCPA. - 1....more

Appeals Court Strikes Fraud Sentence for Lack of Proof by Government

by Jeff Ifrah on 5/21/2013

The U.S. Court of Appeals for the 11th Circuit recently ruled on an issue lying at the intersection of fraud conspiracies and the U.S. Sentencing Guidelines: the government’s separate burden of proof against each co-defendant...more

Defense Cost Analysis in Complex Environmental Fee Claims

by David J. McMahon | Barger & Wolen on 5/21/2013

Introduction - Many of our litigation management audits involve complex environmental cleanup cases. In these cases, it is important to first evaluate the underlying matter, including the fact patterns of the various...more

Car Accidents with Police Officers Are Special

by Gelman Gelman Wiskow & McCarthy LLC on 5/7/2013

This past September it was reported that a Trenton man was injured when his car was struck by an unmarked police car while he was waiting to make a right-hand turn from Chestnut Avenue onto South Broad Street. Investigation...more

District Court Clarifies Distinction Between Burdens of Proof on Stay Relief and Adequate Protection in American Airlines...

by Walter Greenhalgh | Duane Morris LLP on 5/3/2013

In AMR Corporation, et al., Debtors, Case No. 12-3967, 2013 WL 1339123 (S.D.N.Y. April 3, 2013), the United States District Court for the Southern District of New York acknowledged that to be granted relief from the automatic...more

Defending Your Life – Part 1

by Yavitch & Palmer Co., L.P.A. on 4/12/2013

Everyone knows generally what self defense is. We should be able to defend ourselves against an attack. And if that means deadly force, so be it. After all, if it’s them or me, I’d rather it be them. But not everyone really...more

March 2013 - SALT Shaker Newsletter

by Mary Alexander, Andrew Appleby, Zachary Atkins, Madison Barnett, Todd Betor, Scott Booth, Christopher Chang, Timothy Gustafson, Sahang-Hee Hahn, Jessica Kerner, Pilar Mata, more +Kathryn Pittman, David Pope, Jack Trachtenberg | Sutherland Asbill & Brennan LLP on 4/1/2013

In this issue: - Delivered by Independent Contractors, Undelivered by P.L. 86-272: Order Fulfillment Activities Subject Out-of-State Seller to New York Corporation Franchise Tax - Everything’s Bigger in Texas,...more

Causation is Not Elementary, My Dear

by Chen Foley | Sedgwick LLP on 3/18/2013

Sherlock Holmes famously said, “when you have eliminated the impossible, whatever remains, however improbable must be the truth.” This reasoning has been adopted by trial judges seeking to resolve questions of causation. In...more

"Supreme Court Holds Securities Fraud Plaintiffs Are Not Required to Prove Materiality of Allegedly False Statements to Certify a...

by Jay Kasner, Matthew Matule, Edward Micheletti, Peter Morrison, Charles Smith | Skadden, Arps, Slate, Meagher & Flom LLP on 2/27/2013

Today, in a 6-3 decision, the Supreme Court of the United States held in Amgen Inc. v. Connecticut Retirement Plans and Trust Funds that a securities fraud plaintiff alleging fraud on the market need not establish the...more

Patent Watch: Cephalon, Inc. v. Watson Pharms., Inc.

by Lawrence M. Sung | BakerHostetler on 2/20/2013

On February 14, 2013, in, the U.S. Court of Appeals for the Federal Circuit (Reyna, Bryson, Wallach*) reversed-in-part and affirmed-in-part the district court's judgment following a bench trial that Watson did not infringe...more

U.S. Department of Housing and Urban Development Issues Final Rule Affirming Use of Disparate Impact to Establish Liability for...

by Patrick D. Dolan, Robert H. Ledig, Ralph R. Mazzeo, Thomas P. Vartanian | Dechert LLP on 2/15/2013

The U.S. Department of Housing and Urban Development (“HUD”) issued a final rule (“Rule”) on February 8, 2013, which provides additional support to potential government and private plaintiffs seeking to challenge “facially...more

Defending Commercial Class Actions: Recent Cases May be Giving the Defense an Edge

by Christopher Lam | Nexsen Pruet, PLLC on 2/15/2013

While the ripples from the United States Supreme Court’s 2011 decision in Wal-Mart v. Dukes are still being felt, the Court may make further class action waves this term with its pending decision in Comcast v. Behrend. This...more

California Supreme Court Issues Employer-Friendly Decision on Mixed-Motive Defense

by Ellen Cohen, Paula Weber | Pillsbury Winthrop Shaw Pittman LLP on 2/13/2013

On February 7, 2013, the California Supreme Court issued a unanimous opinion in Harris v. City of Santa Monica. The California high court upheld the “mixed-motive” defense in cases brought under California’s Fair Employment...more

Why Employers Need To Keep Adequate Records

by Michael Newman | Barger & Wolen on 2/13/2013

Here is a pattern that tends to repeat itself often in employment litigation. A disgruntled employee sues an employer for discrimination, harassment, or wrongful termination. A lawsuit is filed. And then, the attorney who...more

HUD Issues Final ‘Discriminatory Effects’ Rule

by Richard J. Andreano, Jr., John L. Culhane, Jr., Alan S. Kaplinsky, Christopher J. Willis | Ballard Spahr LLP on 2/13/2013

The Department of Housing and Urban Development has issued a final rule that provides that if a practice has a "discriminatory effect," HUD or a private plaintiff can establish liability under the Fair Housing Act (FHA), even...more

HUD Issues Aggressive New Fair Housing Rule

by Michael J. Agoglia, Wendy Garbers, Angela Kleine, Thomas J. Noto | Morrison & Foerster LLP on 2/13/2013

The U.S. Department of Housing and Urban Development (“HUD”) has finally issued its much-debated disparate impact rule. HUD argues that the rule — which it plans to apply retroactively — is simply a codification of its...more

Finding Bad Faith in Kentucky Requires Evidence of Outrageous Conduct By Insurer

by Alicia Curran, Tracy Eggleston | Cozen O'Connor on 2/13/2013

In its recent decision in Powell v. Cherokee Insurance Company, Case No.: 5:09-CV-00205, the U.S. District Court for the Western District of Kentucky reaffirmed that in a third-party bad faith lawsuit alleging failure to...more

Requirement Of Original, Uncanceled Promissory Note

by Neha Dagley | Schecter Law on 2/12/2013

Florida law requires the production of the original note for a party to recover on same. In that regard, Florida Statute section 673.3011 provides in pertinent part that: A “person entitled to enforce” an instrument includes...more

Multi-nationals Beware! Customs Evidentiary Burden of Proof

by Darrel H. Pearson | Bennett Jones LLP on 2/12/2013

On January 4, 2013, the federal Canadian tribunal with appellate jurisdiction relating to customs valuation, among other subjects, schooled multi-nationals on their obligations to meet the evidentiary burden of proof relating...more

America Invents Act: Inter Partes Review

by Deborah Sterling, Ph. D., Eldora Ellison, Ph. D. | Sterne, Kessler, Goldstein & Fox P.L.L.C. on 2/11/2013

What is an inter partes review? An inter partes review (“IPR”) enables a third party to challenge one or more claims in an issued patent at the United States Patent & Trademark Office (“Office”). IPR was designed to...more

Tennessee Insurance Legal News - February 2013 • Volume 2, Number 1

by John Anderson, Sr., James M. Burns, Autumn Gentry, Kelly Telfeyan | Dickinson Wright on 2/7/2013

In This Issue: - AUTO REPAIR TRADE ASSOCIATION REQUESTS THAT DOJ INVESTIGATE THE USE OF MOST FAVORED NATION CLAUSES BY AUTO INSURERS: Over the last several years, the use of most favored nation clauses by health...more

EEOC Suit Against Employer Screening Applicants Based on Credit History Information Dismissed

by Rod Fliegel, Jennifer Mora, William Simmons | Littler on 2/5/2013

In April 2012, the Equal Employment Opportunity Commission (EEOC) issued its updated enforcement guidance concerning how, in its view, Title VII of the Civil Rights Act of 1964 (Title VII) restricts an employer's discretion...more

Got Privilege? Wisconsin Shield Law Tested in Raw Milk Case

by Drew Shenkman | Holland & Knight LLP on 1/30/2013

In the first-known application of Wisconsin's two-year-old shield law, Judge Guy Reynolds of the Sauk County Circuit Court refused a request by the state's Department of Justice to issue subpoenas to three journalists who...more

Independent Contractor Or Employee – It Can Depend Upon Who Has The Burden Of Proof

by Angela Bohmann | Leonard, Street and Deinard - Employee... on 1/25/2013

Those of us who work in the benefits area understand that the distinction between employee and independent contractor is an important one, but one in which the determination is not always clear. In many cases, the IRS takes...more

Anti-Discrimination Reforms: The Proposed Harmonisation of Anti-Discrimination Laws

by Alice DeBoos, Courtney Fleming | K&L Gates LLP on 1/21/2013

The Federal Government has released an exposure draft for a new Anti-Discrimination Bill, which proposes to harmonise, into a single statute, the Commonwealth’s anti-discrimination laws and the Australian Human Rights...more

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