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1. Key takeaways Both, claimant and defendant can rely on R. 190.1 RoP to request an order to produce evidence. In view of the principle of equality of arms, Art. [...]

Key takeaways Standard and its application to the case at hand The Court, when exercising its discretion under Art. 69(4) UPCA and R.158 RoP, must determine, in light of the [...]

The Eleventh Circuit Court of Appeals recently affirmed a district court's grant of summary judgment in favor of the fiduciaries of the Home Depot 401(k) plan, who defended against claims [...]

21 Civ. 04770, 22 Civ. 01156, Evidence, Judge Engelmayer, Securities, Securities Exchange Act, Summary Judgment In an opinion last week, Judge Engelmayer denied defendant's motion for summary judgment regarding the [...]

Introduction: Disproving the Inclusion of Income by the CRA In this case, the taxpayers, Steve Paquet and his company, 4527976 Canada Inc. ('Héritage'), appealed against income tax assessments for 2010-2013 [...]

Executive Summary In January, the Eleventh Circuit issued a decision that likely will impact employers' litigation strategies in discrimination cases. In Tynes v. Florida Department of Juvenile Justice, the court [...]

In a suit filed by Malcom India Limited, the Delhi High Court explored the legal complexities regarding passing off and trademark infringement, focusing on Section 28(3) of the Trade Marks [...]

'Burden of proof' refers to the obligation placed on a party to legal proceedings to support their assertions. The proof submitted by a party to successfully substantiate their assertions is [...]

In Murray v. UBS Securities, LLC, 601 U. S. ____, 2024 WL 478566 (2024), the United States Supreme Court (Sotomayor, J.) held that whistleblowers do not need to prove their [...]

On February 12, 2024, the Court of Appeal of Quebec handed down its decision in Société d'assurance Beneva inc. c. Bordeleau,1 dealing in particular with the burden of proof incumbent [...]

Including the question of allocation of the burden of proof in insurance cases. The Supreme Court considers that the collapse of a roof as a result of defects in the [...]

Federal and state laws protect whistleblowers from retaliation by employers under the rationale that such laws combat fraud and/or abuse. One of these protective laws is the 2002 Sarbanes-Oxley Act [...]

Listen to this post In a landmark unanimous ruling late last week, Murray v. UBS Securities, LLC, et al. 601 U. S. ____ (2024), the U.S. Supreme Court held that [...]

The supreme court's decision in this case is important for those tasked with preventing gang related behaviour. Jones v Birmingham City Council and another [2023] UKSC 27 The Supreme Court [...]

The Federal Circuit partially refuted the long held assumption that the trademark applicant has the burden of proving third party marks were in use when determining the strength of the [...]

A New Brunswick Court has issued one of the most significant Criminal Code judgments in an occupational health and safety matter in recent years. Brief Summary of the Facts and [...]

Addressing for the first time the standard and burden of proof for the 'reasonably could have raised' requirement for inter partes review (IPR) estoppel to apply, the US Court of [...]

The State of Karnataka v. Ecom Gill Coffee Trading Private Limited1 - Supreme Court The Supreme Court held that mere production of the invoices and proof of payment made to [...]

Following guidance from the New York Court of Appeals, the United States Court of Appeals for the Second Circuit recently affirmed that a lender complied with the New York Real [...]

Dispute Resolution 23rd December 2020 Abdulkabir Badmos1 BURDEN OF PROOF OF INCORPORATION OF A COMPANY: IS ADDING 'LTD' OR 'PLC' TO THE NAME OF A COMPANY SUFFICIENT? INTRODUCTION By the [...]

Byline: S.C. Lawyers Weekly staff Although the but-for standard of proof applicable to age discrimination cases is more demanding than the motivating-factor standard of proof applied to Title VII claims, [...]

Byline: Mass. Lawyers Weekly Staff Where plaintiff petitions for a writ of habeas corpus challenging the allocation of the burden of proof at his custody redetermination hearing under the Due [...]