burden of proof

(LIIBULLETIN preview)

In 2004, Noris Babb joined the C.W. “Bill” Young Veterans Affairs (“VA”) Medical Center’s Pharmacy Services division in Bay Pines, Florida as a clinical pharmacist. Babb v. Wilkie at 2–3. Two years later, Babb began working as a geriatrics pharmacist...

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The Alleged Scheme

Respondent Ideal Steel Supply Corporation (“Ideal Steel”) and Petitioner Anza’s company, National Steel Supply Inc., are direct competitors in the business of selling steel mill products and other hardware in the Bronx and Queens, New...

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Facts

In April 2009, Atlantic Marine Construction Company (“Atlantic”) entered into a construction contract with the Army Corps of Engineers to build a child development center at Fort Hood, Texas. See In re Atl. Constr. Co., 701 F.3d 736, 737 (5th Cir...

(Wex page)

Generally, burden of proof describes the standard that a party seeking to prove a fact in court must satisfy to have that fact legally established. There are different standards for different circumstances.

For example, in...

(Wex page)

“Clear and convincing evidence” is a medium level burden of proof which must be met for certain convictions/judgments. This standard is a more rigorous to meet than preponderance of the evidence standard, but less rigorous standard to meet...

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Facts

Kevin Loughrin and his codefendant, Theresa Thongsarn, devised a scheme to make money that led to federal criminal charges. See United States v. Loughrin, 710 F.3d 1111, 1114 (10th Cir. 2013). The two defendants stole checks from people’s mail....

(LIIBULLETIN preview)

Knolls Atomic Power Laboratory (the "Lab") draws its workforce of 2,600 from the small upstate New York towns of Niskayuna and New Milton. The Lab is a government initiative funded by a joint program of the Navy and the Department of Energy,...

(LIIBULLETIN preview (pre-2014))
Facts

Morton Mower (“Mower”) and Mieczyslaw Mirowski (“Mirowski") developed the first implantable cardioverter defibrillator (“ICD”) between 1969 and 1980. See Medtronic Inc. v. Boston Scientific Corp., 695 F.3d 1266, 1269 (Fed. Cir. 2011). An ICD is...

(LIIBULLETIN preview)

Michael Musacchio was the president of Exel Transportation Services (“ETS”), a transportation brokerage company, until his resignation in 2004. See United States v. Musacchio, 590 Fed. Appx. 360, 360 (5th Cir. 2014). In 2005, Musacchio started Total...

(LIIBULLETIN preview)

This case involves two consolidated decisions issued by the Federal Circuit Court of Appeals, which has exclusive jurisdiction over appeals of the decision of the U.S. Court of Appeals for Veterans Claims. See 38 U.S.C. § 7292(c).Both cases center on...

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