On Jan. 15, the United States Supreme Court issued its decision in E.M.D. Sales, Inc. v. Carrera, which clarified that employers need only prove that an employee is exempt from the Fair Labor ...

Plaintiff has not specified the subsection of CEPA her claim is premised upon, which is integral in determining whether she ...

A special motion filed pursuant to the Uniform Public Expression Protection Act is supposed to operate much like a motion for summary judgment. But what if the moving party (the speaker) asserts an ...

Burden of proof defines who must prove a point in legal cases. It determines the level of evidence required to win a case. The state has the burden of proof in criminal cases. You may have heard about ...

"In a recent, noteworthy decision, the United States Court of Appeals for the Second Circuit weighed in on the appropriate interpretation and application of Rule 37(e)(2), establishing a framework ...

From Magistrate Judge Anthony Patti (E.D. Mich.) Report and Recommendation in Lopez v. Chase, just adopted Thursday by Judge Shalina Kumar (quite correctly, I think): Seven months [after filing this ...

Q: Who can’t recover for defamation even though they may have been libeled? A: The libel-proof plaintiff. The “libel-proof plaintiff” doctrine provides an independent ground for dismissing a ...

The Andhra Pradesh High Court has upheld a Trial Court order, which dismissed a petition filed under Order 18 Rule 3 of CPC ...

In multi-issue suits, plaintiff leads evidence by default, except where burden lies on defendant, says court, while allowing ...

Former President Donald Trump is suing the Wall Street Journal in a Florida court, which may backfire due to the state's anti-SLAPP laws. The "libel-proof plaintiff" doctrine, rarely used, posits that ...