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ERISA breach of fiduciary duty class actions have surged in recent years, prompting courts to grapple with complex questions about how these ...
Second Circuit Sets State of Mind and Burden of Proof Requirements for Sanctions Under FRCP 37(e)(2)
"In a recent, noteworthy decision, the United States Court of Appeals for the Second Circuit weighed in on the appropriate ...
Citations: Hay, Bruce, Kathryn Spier. 1997. Burdens of Proof in Civil Litigation: An Economic Perspective. Journal of Legal Studies. (2)413-431.
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