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Reply to "Lively/Baldoni Lawsuit Part 2"
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[quote=Anonymous]Reading is fundamental: [i]Assuming [b](without deciding) [/b]that an application by a prevailing defendant for relief under California Civil Code Section 47.1(b) may be made pursuant to Federal Rule of Civil Procedure 54,[/i] which party bears the burden of proof of showing that the communication is privileged under Section 47.1(a), including whether that burden differs depending on whether the application is for attorneys’ fees alone or also for treble and punitive damages, [b]and whether the burden differs where Section 47.1(b) relief is sought through Rule 54 of the Federal Rules of Civil Procedure.[/b] The parties may also address how that burden may be discharged. He could not be more explicit that there might be a different burden of proof when Rule 54 is invoked. Further, the last time he used the "assuming without deciding" language was with respect to the enforcibility of the ALA, and he later made that the focus of oral argument. [/quote]
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