Topic
Fact-Finding
12 published works
Law Web
Don’t Just Believe What You See: A Practical Method for Judicial Fact-Finding, and How Appeals Review It
By Law Web
Judgments are often reversed on fact-finding errors, not on questions of law. A unanimous 2026 decision of the Caribbean Court of Justice (CCJ), Robateau v Robateau [2026] CCJ 15 (AJ)…
ImmigrationProf Blog
Immigration Article of the Day: Guilty After Proven Innocent: Hidden Factfinding in Immigration Decisionmaking by Sarah Vendzules
Guilty After Proven Innocent: Hidden Factfinding in Immigration Decisionmaking by Sarah Vendzules, 112 Calif. L. Rev. __ (2024) (forthcoming)AbstractThe mere fact of arrest can cause an immigrant to lose their status,…
Zalma on Insurance
A Video on Getting the Whole Truth – Interviewing Techniques for the Lawyer
By Barry Zalma
A New Book from the ABA on Interviewing for the Professional “Getting the Whole Truth: Interviewing Techniques for the Lawyer” by Barry Zalma, Esq., CFE Get the book here. See…
WCMediator Blog
The Importance of Facts
By Teddy Snyder
A big part of a mediator’s job is to elicit and isolate relevant facts. Then we can determine points of agreement and disagreement. Mediations come in two basic types: –…
Patents Post-Grant
CAFC Explains PTAB Expertise & Its Role In IPR Fact Finding
Expert Agency Need Not Accept Expert Testimony AIA trial practices of the Patent Trial & Appeal Board (PTAB) are often analogized to that of the district courts. Yet, in practice,…
The Contingency
Judges, Judging Facts
Ten, 20, or even 100 judges who look at the same evidence will all reach the same conclusion about the True Facts of a case, right? No? Why not? The…
Litigation & Trial
The Depth Of The Supreme Court’s Factual Misunderstandings
It’s October, which means the Supreme Court is back in session, ready to continue its pro-big-business charge. It also means it’s time for me to get back to a…
Class Action Countermeasures
At Argument, Supreme Court Struggles with Fact-Finding
By The Editors
On Monday, the Supreme Court heard arguments in two different class actions, united by a common problem. The first, Comcast Corp. v. Behrend, asked whether a trial court should hold…
The Appellate Strategist
Should Appellate Courts Be Doing Their Own Factual Research?
By Kirk Jenkins
Like many lawyers – and most appellate specialists – I’m closely following the waning days of the United States Supreme Court’s term. To those of us who spend a lot of…
Patents Post-Grant
Legal Conclusions & Fact Finding, Pursuing USPTO Appeals to the CAFC
CAFC Standard of Review Driven by Appeal PostureThe appeal of a rejection from the Board of Patent Appeals & Interferences (BPAI) to the Court of Appeals for the Federal Circuit…