Biotech Values

[tinkershaw]

Dew, others,

What is your take on the appeal. I've only been able to go back and get a history of it, but my understanding is the present appeal is based upon the legal standard used in regard to burden of proof. The trial court used a burden shifting mechanism, whereas the defendant is arguing that it should be a totality of circumstances burden with no shifting of burden of proof as to intent.

Anyone looked at this issue in more detail. I'd be happy to look at the original appellate decision if anyone has the cite.

Tinker