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Preponderance of the Evidence Appellate Courts

A&O Shearman

Federal Circuit Vacates $300 Million Damages Award Due To Flawed Verdict Form

A&O Shearman on

On June 16, 2025, the U.S. Court of Appeals for the Federal Circuit (“CAFC”) vacated a $300 million damages award because the district court used a flawed verdict form, which included only a single, blanket question as to...more

Foley & Lardner LLP

Supreme Court’s E.M.D. Sales v. Carrera Decision: A Victory for Employers Navigating FLSA Exemptions

Foley & Lardner LLP on

A January 15, 2025, U.S. Supreme Court opinion brought welcome news for employers defending claims of worker exempt status misclassification under the Fair Labor Standards Act (FLSA). In the case at issue, E.M.D. Sales, Inc....more

BCLP

Georgia Appellate Court Signals Adoption of Federal Precedent for State Pattern Jury Instructions

BCLP on

The Georgia Court of Appeals recently considered a challenge to Georgia’s preponderance-of-the-evidence pattern jury instruction, which is based upon a repealed version of Georgia’s prior evidence code. Reading from the...more

Fox Rothschild LLP

What Is The Burden Of Proof For Employers On Exemption Questions: The Fourth Circuit Chimes In

Fox Rothschild LLP on

It is always the employer’s burden of proof to prove an exemption under the Fair Labor Standards Act (FLSA), but there is controversy over what that evidentiary standard should be. In a recent case, a federal appellate court...more

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