CNN

What E. Jean Carroll must show to prevail in the defamation trial against Trump

The civil defamation trial of Donald Trump returns on Monday with a verdict likely this week on how much more he owes to former magazine columnist E. Jean Carroll. Carroll has to prove that she is ...
Law

Supreme Court Holds That Preponderance-of-the-Evidence Standard Applies to Prove Exemptions Under the FLSA

On Jan. 15, 2025, the U.S. Supreme Court issued its unanimous opinion in E.M.D. Sales v. Carrera, holding that a preponderance-of-the-evidence standard rather than a heightened ...
JD Supra

CMS Finalizes Rule Change Applying Preponderance of the Evidence Standard to Agent, Broker, and Web-Broker Exchange Agreement Terminations for Cause

In its recently issued Final Rule (CMS-9884-F; 90 FR 27074-01; the Final Rule), the Centers for Medicare and Medicaid Services (CMS) finalized revisions to 45 C.F.R. § 155.220(g)(2) to specify a ...
JD Supra

Employers Need Only Use ‘Preponderance of Evidence’ Test to Show Workers Are Exempt From FLSA, Supreme Court Rules

In an eleven-page unanimous opinion in E.M.D. Sales, Inc. v. Carrera, the Supreme Court resolved the conflict between the U.S. Circuit Courts of Appeal over what standard of proof applies when ...