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7 Mar 2019, 2:17 pm by Scott McKeown
This decision replaces Western Digital Corp. v. [read post]
17 Oct 2011, 11:52 pm by John Diekman
Student note: The burden then shifts to the plaintiff to raise an issue of fact as to whether the statute of limitations is tolled or is otherwise inapplicable.Case: Baptiste v. [read post]
17 Oct 2011, 11:52 pm by John Diekman
Student note: The burden then shifts to the plaintiff to raise an issue of fact as to whether the statute of limitations is tolled or is otherwise inapplicable.Case: Baptiste v. [read post]
20 Jul 2011, 11:59 pm by John Diekman
Practice point: A  party seeking an adjudication of civil contempt must establish a willful and deliberate violation of a court order, expressing a clear and unequivocal mandate, pursuant to Judiciary Law § 753.Student note: The burden of proof is on the party seeking the adjudication, and the standard is clear and convincing.Case: Collins v. [read post]
15 Oct 2009, 1:18 am
iStock_000000100546_L2.jpg The company Chief Financial Officer failed to meet his burden show the communications to outside counsel during the internal company investigation were "made in confidence" and protected by the attorney-client privilege; instead the communications were made "for the purpose of disclosure to the outside auditors" and therefore could be used by the government in the subsequent criminal prosecution, in United States v. [read post]
1 Apr 2010, 7:47 pm by Brian Shiffrin
A reminder: In 1986 the Court of Appeals held that a party seeking a missing witness instruction has the burden of making the request "as soon as practicable" (People v Gonzalez, 68 NY2d 424, 428 [1986]). [read post]