What is the test for determining whether a factfinder is right to dismiss a motion where the factfinder error affected the outcome of the case?
MultiRegion, United States of America
The following excerpt is from Snyder v. New York State Educ. Dep't, 11-1101 (2nd Cir. 2012):
right depends on the likelihood that the error affected the outcome of the case." Tesser v. Bd. of Educ., 370 F.3d 314, 319 (2d Cir. 2004) (internal quotation marks omitted). The moving party has the burden of showing that "it is likely that in some material respect the factfinder's judgment was swayed by the error." Id.
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