News & Analysis as of

Burden of Proof Counterclaims

Holland & Hart - Your Trial Message

Call Out Minimized Burdens

At a recent jury selection, opposing counsel — the plaintiff in that case — stepped up to the box of prospective jurors holding two unopened reams of paper. I knew what was coming: If the weight of evidence is completely...more

Lathrop GPM

Fifth Circuit Affirms Ruling in International Breach of Contract Case

Lathrop GPM on

The Fifth Circuit Court of Appeals recently affirmed a federal district court’s ruling in a breach of contract action brought by Shenzen Synergy Digital, a China based manufacturer and exporter, against Mingtel, a Texas based...more

White & Case LLP

Proving Fraud in the English Courts – a higher standard?

White & Case LLP on

The Court of Appeal has confirmed in Bank St Petersburg PJSC v Vitaly Arkhangelsky that the correct standard of proof where issues of dishonesty arise is not a ‘heightened’ civil standard, but the balance of probabilities....more

Stoel Rives LLP

Tax Law Alert: US Court of Federal Claims Releases Anticipated Opinions in Developer Fee Cases

Stoel Rives LLP on

The United States Court of Federal Claims recently released two anticipated opinions, Bishop Hill Energy, LLC v. United States and California Ridge Wind Energy, LLC v. United States, which were issued under seal on January 7,...more

Proskauer - Minding Your Business

Key Lessons From the Recent Precedential Order by Federal Circuit – Jurisdiction, Mandamus, and Privilege

On November 17, 2016, the United States Court of Appeals for the Federal Circuit published a precedential order denying a petition for a writ of mandamus to overturn a district court’s determination. In In re: Rearden LLC,...more

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