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