In so doing, the Fourth Circuit created a circuit split, as every other federal appellate court to address the issue had held that the lessened “preponderance of the evidence” standard applies.

Six circuits—the Fifth, Sixth, Seventh, Ninth, Tenth, and Eleventh—apply the preponderance-of-the-evidence standard, but the Fourth Circuit, as it did in the underlying case, applied a more ...

Justice Berdon implored his colleagues not to place a confession on the same level as any other evidential ruling during the ...

EMD Sales argued that it only needed to show that its employees were exempt from federal worker protections by a preponderance of the evidence instead of the much higher clear-and-convincing ...

Did the employer need to make his case that the employee was exempt with a preponderance of the evidence? Or did he need to meet a higher burden, clear and convincing evidence? There has been a ...

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