JD Supra

Employers Need Only Use ‘Preponderance of Evidence’ Test to Show Workers Are Exempt From FLSA, Supreme Court Rules

In an eleven-page unanimous opinion in E.M.D. Sales, Inc. v. Carrera, the Supreme Court resolved the conflict between the U.S. Circuit Courts of Appeal over what standard of proof applies when ...
JD Supra

CMS Finalizes Rule Change Applying Preponderance of the Evidence Standard to Agent, Broker, and Web-Broker Exchange Agreement Terminations for Cause

In its recently issued Final Rule (CMS-9884-F; 90 FR 27074-01; the Final Rule), the Centers for Medicare and Medicaid Services (CMS) finalized revisions to 45 C.F.R. § 155.220(g)(2) to specify a ...

Burden of Proof: Meaning, Standards and Examples

Burden of proof is a legal standard that determines if a legal claim is valid or invalid based on the evidence produced.
Law

Supreme Court Holds That Preponderance-of-the-Evidence Standard Applies to Prove Exemptions Under the FLSA

On Jan. 15, 2025, the U.S. Supreme Court issued its unanimous opinion in E.M.D. Sales v. Carrera, holding that a preponderance-of-the-evidence standard rather than a heightened ...
Maryland Reporter

The Role of Preponderance of Evidence in Medical Malpractice Lawsuits in Florida

Victims of Florida medical malpractice are hit with a double whammy. Not only do they have to suffer from a medical professional’s negligent care, but they also have the burden of proving they were ...
Inside Higher Ed

Burden of Proof in the Balance

In 2011, the Department of Education’s Office for Civil Rights issued a Dear Colleague letter that urged institutions to better investigate and adjudicate cases of campus sexual assault. The letter ...