Preponderance of the Evidence

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W.D. Wash. Adopts Preponderance of the Evidence Standard for Elements of Class Cert., Rejects Numerosity Experts

The Western District of Washington recently adopted a “preponderance of the evidence” standard for establishing the prerequisites of Federal Rule of Civil Procedure 23 and denied class certification in a TCPA case because the...more

The Burdens And Standards Of Proof And Review

I expect that that most lawyers can explain the difference between the “burden of proof” and the “standard of proof”. Some lawyers might be more challenged in distinguishing between “standard of proof” and “standard of...more

Weekly Law Resume: Plaintiff in FEHA Discrimination or Retaliation Claim Must Prove by Preponderance of the Evidence That...

Lorena Alamo v. Practice Management Information Corporation - California Court of Appeal, Second Appellate District (August 21, 2013)- Following the termination of her employment, Lorena Alamo (“Alamo”), a billing...more

No Discount on Plaintiff’s Burden Under Rule 23(b)(3); Third Circuit Vacates Certification Decision Against Wal-Mart Due to...

In Hayes v. Wal-Mart Stores, Inc., No. 12-2522 (3d Cir. Aug. 2, 2013), the Third Circuit took the opportunity to elaborate and articulate on the ascertainability standard under Fed.R.Civ.P. 23(b)(3). In Hayes, the plaintiff...more

Can I Sue For Injuries I Sustain During An Assault?

Individuals who perform criminal acts potentially face two types of prosecution. (Is this the best word? Or might it be confusing to the lay person?) Regardless of the type of offense, they can deal with criminal charges,...more

Toxic Tort and Environmental Law Update: January 2013 - New Jersey Supreme Court Clarifies Requisite Nexus for Liability Under...

In New Jersey Dept. of Environmental Protection v. Dimant, 212 N.J. 153 (2012), the New Jersey Supreme Court held that the New Jersey Department of Environmental Protection (NJDEP) must establish, by a preponderance of the...more

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