E-Discovery LLC
JULY 1, 2025
Once that was done, the requesting party could identify three more, “subject to limited objections.” It is also not clear to me which party carried the burden of proof under the “apex doctrine.” One recent case placed the burden on the party claiming an exception to the doctrine. 2025 WL 176001, at n. emphasis added).
E-Discovery LLC
JULY 18, 2025
Presumably, on remand, the producing party may attempt to meet its burden of proof. The Ninth Circuit vacated the challenged part of the protective order and remanded for further proceedings. Thanks to Daniel Seiden for reporting on this decision. Order Limiting Use of Discovery Post-Case Ruled Too Restrictive (Jul.
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E-Discovery LLC
JUNE 20, 2024
Plaintiff objected, asserting attorney-client privilege, joint prosecution privilege, common interest privilege, and the attorney work-product doctrine. The court noted that the party invoking privilege has the burden of proof and that privileges are construed narrowly. Zafirov , 2024 WL 2846007, at *2.
E-Discovery LLC
MAY 20, 2025
Defendants objected to the depositions and offered to designate a representative to be deposed in the alternative. The Lambert Court then analyzed the two exceptions, with the burden of proof shifting to the party claiming the exceptions. Plaintiffs/appellees sought to schedule nine depositions.
CaseFox
DECEMBER 21, 2023
The Burden of Proof : This refers to the responsibility that the plaintiff (the party bringing the case) must demonstrate sufficient evidence of their claims. In the emotionally charged landscape of civil disputes, a professional attorney provides objective advice, making merit-based legal decisions.
Practice of Law
JUNE 28, 2024
The burden of proof for the felony money laundering charge was high and contained a “knowledge” requirement. The Malicious Prosecution Suit For the malicious prosecution lawsuit, Chiaverini had to show why the officers did not have probable cause to bring the arrest.
Plaintiff Trial Lawyer Tips
NOVEMBER 17, 2024
The reality is that a jury, following the jury instructions can find significant negligent conduct they object to, but conclude it did not cause the harm plaintiff is complaining about. Review the law with the jury that proof of causation is only to show it is more likely true than not true. See: Washington Pattern Jury Instruction 21.01
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