Even if the valuation analysis is 100% correct, it may not be persuasive to a finder of fact
if it is not understandable to a layperson.
litigated cases that require clarification of the parties' agreement, including the terms to be interpreted, rival interpretations advanced by the parties, and the choice between the rival interpretations by a finder of fact
. It identifies the legally provable elements that contract interpreters may use, and proposes a law of contract interpretation for the courts' consideration.
He explained, "Since State Farm has offered no evidence which would allow the finder of fact
to make a reasonable determination of the amount of the total loss that is attributable exclusively to water damage, I find that State Farm has riffled to meet its burden of proof as to the extent of the damage caused by water, and since the Broussards have established by stipulation that they sustained a total loss of their dwelling and its contents as a result of Hurricane Katrina, a covered windstorm peril, I find that State Farm is liable to the plaintiffs for the limits of coverage under the policy, the sum of $211,222."
The dissenting judge pointed out that a reversal of a lower court's decision on an essentially factual issue (such as debt versus equity) is uncommon; she also acknowledged that it would not have been unreasonable for a finder of fact
to have ruled either way.
The court held, inter alia, that as the ultimate finder of fact
, the Board resolved all credibility issues in favor of the employer.
Uncontradicted evidence of undue market concentration would therefore require the finder of fact
to conclude that the disputed merger was anticompetitive.
The parties to the conflict employ lawyers to discover the relevant information, present this information to a finder of fact
, and argue for a particular result in light of established legal principles.
The court also found that a reasonable finder of fact
could conclude that a deputy director, prison warden, assistant warden, and internal affairs investigator unlawfully retaliated against the employee and were not entitled to qualified immunity on either the First Amendment clai m or the free speech claim under the state civil rights act.
"What this means," he said, "is that whatever percentage of fault the finder of fact
determines to be allocatable to a defendant, that is the amount for which judgement will be entered against that party, so that there will be no opportunity to pursue others in contributions, as he will not have been held responsible for more than his share."
application of objective criteria ensures that sufficiently definite and meaningful constraints are imposed on the finder of fact
and ensures that the resulting award is not disproportionate to a defendant's conduct and to the need to punish and deter," Justice Susan Graber wrote for the court.
A finder of fact
could determine that Scientific Protein, separate from any joint ventures that would not have been covered, was the source of the contaminated sodium and this possibility was enough to trigger the insurers' defense duty.
"The decision below does little to reconcile the varied [medical] opinions; hence, there are issues within the medical reports which remain unresolved by the finder of fact
," he said.