gsuk: Thanks for info on Pestell Court's Order gra
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Posted On: 03/19/2022 4:56:43 PM
gsuk: Thanks for info on Pestell Court's Order granting CYDY partial summary judgment on Pestell's defamation claim, but denying dismissal on his breach of contract and entitlement to backpay claims, which will now proceed to trial.
Any time a defendant gets a claim dismissed on summary judgment is a win as the standard on summary judgment motion's required the Court to consider the evidence supporting each claim in the light most favorable to Pestell and to also draw all reasonable inferences from that evidence in his favor. This is a very high standard for a defendant to meet. The standard at trial on the remaining 2 claims will place the burden on Pestell to prove each element of each claim by a preponderance (more likely than not) of the evidence.
Any time a defendant gets a claim dismissed on summary judgment is a win as the standard on summary judgment motion's required the Court to consider the evidence supporting each claim in the light most favorable to Pestell and to also draw all reasonable inferences from that evidence in his favor. This is a very high standard for a defendant to meet. The standard at trial on the remaining 2 claims will place the burden on Pestell to prove each element of each claim by a preponderance (more likely than not) of the evidence.
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