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Burden of Proof › Prior Express Consent

Faegre Drinker Biddle & Reath LLP

Court Denies Class Certification Due to Plaintiff’s Lack of Objective Criteria and Lack of Evidence

Faegre Drinker Biddle & Reath LLP on

The Western District of Michigan recently denied a motion to certify a class after holding that the class was not ascertainable and the plaintiff had not offered persuasive evidence in support of the motion. Visser v....more

Beveridge & Diamond PC

Texas Supreme Court Holds Plaintiffs Must Prove Lack of Consent in Trespass Suits

Beveridge & Diamond PC on

Potentially making it more difficult for plaintiffs to prevail on trespass claims in Texas, the Supreme Court of Texas held for the first time that a plaintiff bears the burden of proving the lack of consent in a suit for...more

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