Search for: "State v. Burden"
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24 Apr 2007, 6:02 am
Lowdermilk v. [read post]
17 Jun 2019, 10:00 pm
In Alice v. [read post]
23 Jan 2011, 3:58 pm
The Court stated that where the state court’s decision is not accompanied by an explanation, the habeas petitioner has the burden of proving that “there was no reasonable basis for the state court to deny relief. [read post]
31 Mar 2009, 1:06 pm
The tax was also impermissible, Polar Tankers argued, because it was not designed to charge for services provided uniquely to vessels in its port but was rather an attempt to export the City's local tax burden to out-of-state entities. [read post]
20 Apr 2012, 3:46 pm
Charles C.L.A. v. [read post]
19 Feb 2015, 2:37 pm
The CJEU’s ruling in DHL v ChronopostThe CJEU made it manifestly clear in its 2011 ruling in Case C-235/09 DHL v Chronopost [see previous Katpost here] that a Europe-wide injunction should only be granted in order to ensure that the proprietor can protect his trade mark, prohibiting only uses which affect or are liable to affect the functions of the trade mark. [read post]
25 May 2021, 9:01 pm
Could a state mandate a 24-hour waiting period for an abortion? [read post]
11 Sep 2024, 1:42 pm
Mohegan Tribal Gaming Authority (Premises Liability; Burden of Proof) State Courts Bulletin https://www.narf.org/nill/bulletins/state/2024.html State ex rel. [read post]
22 May 2008, 5:15 am
We are examining the reasoning in Sutherland v. [read post]
6 Feb 2013, 5:00 am
In Hutton v. [read post]
15 Nov 2024, 11:59 am
If we were to hold that Moss Adams’s unilateral stipulation satisfied its burden of proof under Verdugo, it would have little incentive to take the jury waiver out of the agreements it provides to California clients. [read post]
When Congress Giveth, is the Dormant Commerce Clause Taken Away?--Free Speech Coalition v. Shurtleff
7 Apr 2007, 12:12 pm
Prior to CAN-SPAM, a court had to evaluate whether a state law impermissibly burdened out-of-state commerce, and no medium is more interstateâ€â [read post]
21 Aug 2019, 2:13 pm
Circuit issued an opinion, in U.S. v. [read post]
15 Jul 2013, 3:40 am
Foods, Inc. v. [read post]
13 Aug 2023, 11:45 am
In Spirit of Aloha Temple v. [read post]
10 Jun 2024, 5:00 am
And when the Nassau County Supreme Court denied the defendants’ motion to dismiss the litigation -- on the grounds that JB hadn’t suffered a “serious injury” as contemplated by the state’s Insurance Law -- an appeal ensued.On its review, the Appellate Division, Second Department, noted that the County and its co-defendants didn’t meet their burden of proof in this instance. [read post]
8 Jun 2017, 4:00 am
In Cambridge Christian School, Inc. v. [read post]
4 Oct 2020, 5:38 pm
In Harvest Rock Church, Inc. v. [read post]
4 Dec 2022, 5:00 pm
Et al. v State Surgeon General, Florida Department of Health (Opinion of the Eleventh Circuit, on appeal) [read post]
23 Feb 2023, 6:41 am
In Din v. [read post]
