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Burden of Proof › Circumstantial Evidence

McDermott Will & Emery

Sticky Situation? Circumstantial Evidence Can Support Intent to Confuse in Trade Dress Claims

McDermott Will & Emery on

The US Court of Appeals for the 11th Circuit reversed a district court’s grant of summary judgment for the defendant on trade dress infringement and trade dress dilution claims, finding that evidence relating to the...more

White & Case LLP

National Bank Trust v Ilya Yurov: "a Ponzi scheme with a fancy name" – Proving Fraud in the English Courts

White & Case LLP on

National Bank Trust v Ilya Yurov & Ors [2020] EWHC 100 (Comm) provides a useful insight to the English Court's approach to pleading and evidencing fraud, emphasising the importance of properly particularised claims and...more

Miles & Stockbridge P.C.

Maryland Court of Special Appeals Clarifies Plaintiff’s Burden in Proving Negligence Case for Personal Injuries From Exposure to...

Miles & Stockbridge P.C. on

The standard for establishing a prima facie case of negligence in a lead paint lawsuit is well established. The plaintiff has the burden of proving “1) that the defendant was under a duty to protect the plaintiff from...more

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