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Tag Archives: burden of proof

Fourth Department — Lead-Paint Litigation — Burden of Proof: McDonald v. Farina

Appellate Division, Fourth Department Lead-Paint Litigation — Burden of Proof Summary Judgment — Scienter McDonald v. Farina CA 13-02098 Appealed from Supreme Court, Niagara County Background: The plaintiffs commenced an action after their daughter sustained injuries as a result of ...

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Patent ruling leaves lingering questions on burden of proof

iStock image used with permission

WASHINGTON — The U.S. Supreme Court’s ruling in Medtronic, Inc. v. Mirowski Family Ventures, LLC No. 12-1128, clarified the burden shifting framework for certain types of claims stemming from patent licensing agreements. But patent attorneys remain unsure whether patent licensors ...

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Court of Appeals — Burden of Proof: Wild et al. v. Catholic Health System et al.

New York State Court of Appeals  Burden of Proof Loss-of-Chance Theory of Liability Wild et al. v. Catholic Health System et al. No. 97 Memorandum Background: The defendants challenged a jury verdict in favor of the plaintiffs in a medical malpractice action. ...

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Fourth Department — Neglect Proceedings: In the Matter of Alexis H.

Appellate Division, Fourth Department Neglect Proceedings Burden of Proof In the Matter of Alexis H. CAF 10-02304 Appealed from Family Court, Onondaga County Background: The respondent mother appealed from an order that determined her three children to be neglected. She ...

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Motion for Summary Judgment: Martin-Smith v. Wilson Commencement Park

U.S. District Court, WDNY Motion for Summary Judgment Burden of Proof Martin-Smith v. Wilson Commencement Park 10-cv-06610 Judge Telesca Background: The plaintiff brought an action against her former employer alleging that the defendant wrongfully terminated her employment that resulted in ...

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Intoxication: People v. Schulman

Justice Court of Parma, Monroe County Intoxication Burden of Proof People v. Schulman 11010089 Justice Sciortino Background: The defendant had been charged with driving while intoxicated, refusal of the breathalyzer test and a number of other traffic infractions after he ...

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