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In Litigation Journal, Ken Berman Pens “Burdens of Proof or Burdens on Truth?”

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In the winter 2021 Litigation Journal, the American Bar Association published Nutter partner Ken Berman’s piece “Burdens of Proof or Burdens on Truth?” Ken’s article questions the need for a civil burden of proof and the fairness of assigning it to plaintiffs. Ken explains that burdens of proof evolved for reasons unrelated to truth-finding and have now become legal articles of faith, while little appears to justify their use in civil cases. Ken is a regular columnist for Litigation Journal. His columns appear under the banner “On Reconsideration.” Ken co-chairs Nutter’s Business Litigation Practice Group.

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