Uncontradicted evidence of undue market concentration would therefore require the finder of fact
to conclude that the disputed merger was anticompetitive.
The advantage of litigation is that the finder of fact
will endeavor to render a verdict consistent with laws established by legislatures and judges.
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.
In one lawless step, the Supreme Court ignored the plain language of Florida statutes, substituted its judgment for that of the Legislature and executive branch, and failed to honor the trial court's proper role as finder of fact
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.
Kapoor had argued that there was no evidence that he knew about the FDA violations when Lyphomed was sold, but Judge Bucklo found that Fujisawa had presented "sufficient circumstantial evidence from which a finder of fact
could conclude that Dr.
Fund told Judge Tucker her client disputed the allegations, but was willing to admit that there was sufficient evidence upon which a finder of fact
could find him guilty.
After reviewing the contentions of both sides, the court concluded that the defendant's expert medical witnesses did not produce a sufficient amount of clear and convincing evidence to convince the court that there was no triable issue of fact which had to be presented to a jury as a finder of fact
According to the Fifth Circuit, the finder of fact
is charged with making an objective determination as to what, if any, nontax business purposes the transfer was reasonably likely to serve at its inception.