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

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 ...

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 ...

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 ...

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 ...

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

Under IRC section 7491, in any court proceeding the IRS has the burden of proof with respect to any factual issue relevant to determining a taxpayer’s liability for any income, self-employment, gift, ...

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