We collaborate with the world's leading lawyers to deliver news tailored for you. Sign Up for any (or all) of our 25+ Newsletters. Some states have laws and ethical rules regarding solicitation and ...

An Ohio appeals court says drivers accused of violating the state's distracted driving law will need to prove they were not illegally using their phones behind the wheel.This means the burden of proof ...

Before examining these cases, it is essential to understand the warning signs of child abuse that pervade both. In Lange, the evidence painted a devastating portrait: an 8-year-old boy weighing only ...

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. Frank Bass is a ...

The 6th Circuit has followed the clear and convincing evidence standard since at least 1993, but the actual rule is silent on this issue. I wrote about Chief Judge Sutton's decision dismissing the ...

"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 ...

In virtually all litigation, the party that commences the lawsuit, typically referred to as the plaintiff, bears the burden of proof to establish his/her claims for which they seek relief from the ...