Search for: "Childs F. Burden" Results 181 - 200 of 1,082
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3 Jul 2021, 6:19 am by Russell Knight
“[T]he burden shifts to the contemnor, who has the burden of showing that the violation was not willful and contumacious and that he or she had a valid excuse for failing to follow the order. [read post]
4 Jun 2021, 12:06 pm by Elizabeth Howell
Stone After a child abuse investigation and a no-discipline order was entered by a juvenile court, Parents brought official capacity claims against several Cabinet for Health and Family Services (“Cabinet”) employees, seeking declaratory and injunctive relief from 922 KAR 1:330 § 2(5)(f), which provides guidance to Cabinet social workers such that reports of abuse, neglect, or dependency that are without an injury, mark, bruise, or substantial risk of harm do… [read post]
2 Jun 2021, 7:51 am by Joel R. Brandes
 Appellate Division, Second Department     Party claiming an investment account was actively managed has the burden of proof with respect to the claim. [read post]
1 Jun 2021, 8:45 am by Richard West
For people who really don’t have any significant property, don’t have much income, and are burdened with overwhelming debt they simply can’t pay, then there may not be much risk even if the bankruptcy fails. [read post]
19 May 2021, 10:14 pm by Josh Blackman
As the law stands now, a defendant can argue that the law imposes an undue burden on the women seeking an abortion. [read post]
18 May 2021, 9:01 pm by Sherry F. Colb
They acknowledge that the minor is a child, but for purposes of deciding whether to carry a pregnancy to term, that minor would be bearing a burden that only adults should be bearing. [read post]
18 May 2021, 5:56 am by Joel R. Brandes
Thus, in order to establish her entitlement to an upward modification of the plaintiff's child support obligation, the defendant had the burden of establishing “a substantial change in circumstances” (Domestic Relations Law § 236 [B] [9] [b] [2] [i]; Family Ct Act § 451 [3] [a]). [read post]
17 May 2021, 10:27 am by Arthur F. Coon
Cal Coast’s malicious prosecution action alleged three theories on the malice element: (1) the Ranch pursued the CEQA litigation for an improper purpose – to prevent or delay development of Cal Coast’s property; (2) the Ranch’s principal, Christian Clews, pleaded guilty to federal criminal child pornography charges, and used the CEQA litigation to maintain the seclusion that allowed him to perpetrate sexual abuse of children visiting the ranch; and… [read post]
1 May 2021, 5:53 am by Russell Knight
“[T]he burden of proving duress is on the person asserting it. [read post]
24 Apr 2021, 6:47 am by Russell Knight
” 750 ILCS 5/502(f) But even a final order on distribution of property in an Illinois divorce can be appealed. [read post]
21 Apr 2021, 7:43 am by Joel R. Brandes
In an order dated August 4, 2018, made after a hearing, the Supreme Court, inter alia, denied plaintiff’s motion which was to set aside the parties’ prenuptial agreement, finding that she failed to sustain her burden of proof that the agreement was the product of duress, fraud, overreaching, or unconscionability. [read post]
15 Apr 2021, 1:27 pm by Bill Marler
It is a gram-negative rod-shaped bacterium that grows best in a high temperature (42°C, or 107°F) and low oxygen environment. [read post]