Defendants have the burden of persuasion
on any justification for a
The statute and case law are silent as to (1) which party bears the burden of persuasion
of the defense and (2) the standard for the burden of persuasion
Finally, just as plans have recently been modified to include reasonable internal statutes of limitations and favorable venue provisions, plans may also be amended to provide that, in all circumstances, the burden of production and burden of persuasion
is on the claimant.
On the question of whether a mark has in fact acquired distinctiveness, the applicant bears the ultimate burden of persuasion
In addition, we agree with the Secretary that, once the ERISA plaintiff has proved a breach of fiduciary duty and a prima facie case of loss to the plan or ill-gotten profit to the fiduciary, the burden of persuasion
shifts to the fiduciary to prove that the loss was not caused by, or his profit was not attributable to, the breach of duty .
A feather's weight might swing the burden of persuasion
, but it does not satisfy the burden of production.
The global burden of proof, called the burden of persuasion
in a persuasion dialogue, requires that the proponent has a thesis to be proved.
2d 1110 (Del, 1994), the Delaware Supreme Court held that entire fairness review applies to controlling-stockholder transactions, and that approval by a special committee or a majority of the minority stockholders would mean that the plaintiff, not the defendant, would bear the burden of persuasion
on entire fairness at trial.
This burden of persuasion
runs to all the elements of the forum non conveniens analysis.
4) Have the burdens of persuasion shifted such that the party seeking preclusion had a lower burden of persuasion
in the first trial than in the second?
the plaintiff, while the defendant has the burden of persuasion
The burden of persuasion
requires a certain party ultimately to persuade the fact-finder of the truth of an element or suffer adverse determination on that element.