Principle

APPELLATE PRACTICE – Retrial – When Inappropriate – Plaintiff’s Case Failing In Toto

Area of law
APPELLATE PRACTICE
Court
Supreme Court

Retrial is inappropriate when the plaintiff's case failed entirely—they did not discharge the burden of proof. Ordering retrial in such circumstances gives the plaintiff an undeserved second chance. The proper order is dismissal of the action. Retrial is not a remedy for failure to prove…

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