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.
The court held, inter alia, that the jury, as finder of fact
, had rendered a verdict predicated on the testimony and evidence presented to it.
Of the 55 defendants who went to trial, 42 opted for jury trials and 13 went jury-waived, allowing a judge to be the finder of fact
The issues presented by the plaintiff in tills case were issues which should have been presented to the jury, which is the finder of fact
in all cases.
The court held, inter alia, that although Nurse Martin made out a prima facie case, once HCR proffered proof of Nurse Martin's action in the Marchewka and Twomey incidents as the legitimate, nondiscriminatory reasons for her termination, the main issue was whether Nurse Martin had introduced sufficient evidence to permit a finder of fact
to reasonably infer that HCR's reason for terminating her was pretextual.
7, Rules Regulating The Florida Bar, an attorney is only precluded from, representing the client at trial, to avoid confusion in the finder of fact
Sixty-one cases went to trial, including 43 defendants who opted for a jury trial and 18 who chose instead to go the jury-waived route, letting a judge be the finder of fact
The court held, inter alia, that the amount of damages, actual or punitive, is a matter within the discretion of the finder of fact
, as reviewed by the trial judge.