Burden of Proof, Evidence | JD Supra Law News

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

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

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

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

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

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

Sixth Circuit Affirms Dismissal Of “Reverse” Racial Discrimination Claim Against Cracker Barrel

by Kyle P. Konwinski | Varnum LLP on 1/14/2013

In Martinez v. Cracker Barrel Old Country Store Inc., Case No. 11-2189 (6th Cir. Jan. 10, 2013), in a published decision, the Sixth Circuit affirmed the dismissal of a "reverse" racial discrimination claim arising out of...more

Toxic Tort and Environmental Law Update: January 2013 - Plaintiffs Bear the Burden of Establishing Causation by Competent Expert...

by Sean Patterson | Sedgwick LLP on 1/7/2013

Judge Susan Illston of the U.S. District Court for the Northern District of California recently ended 16 years of toxic tort litigation relating to fugitive hexavalent chromium (C6) exposure involving the City of Willits and...more

Assignment to a Lesser Position Upon Return From Leave May Support FMLA Interference Claim

by Maria Greco Danaher | Ogletree, Deakins, Nash, Smoak & Stewart,... on 1/3/2013

The Eleventh Circuit Court of Appeals reversed summary judgment in favor of an employer, holding that a plaintiff’s testimony and evidence related to her transfer to a position of less responsibility upon return from leave...more

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Burden of Proof › Evidence