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24 Sep 2008, 7:23 am
Sunrise Express, 209 F.3d 1008, 1018 (7th Cir.2000) (ultimate burden falls on employee), with Smith v. [read post]
5 Aug 2010, 2:59 am by gmlevine
Shifting the burden entered the UDRP vocabulary tentatively in April 2000 in two cases by the same panelist, EAuto, Inc. v. [read post]
18 Jun 2010, 8:06 am
S. 10 (1948), may an exemption lie, and then the burden is on those seeking the exemption to show the need for it, McDonald v. [read post]
21 Oct 2019, 8:10 pm by Scott McKeown
The NPRM basically follows the en banc decision in Aqua Prods., Inc. v. [read post]
9 Mar 2016, 11:30 am by The Public Employment Law Press
Employee has the burden of proving alleged misconduct by the arbitrator prejudiced his or her rights or the integrity of the processCollazo v Suffolk County, 2016 NY Slip Op 01321, Appellate Division, Second DepartmentMaria Callazo initiated an Article 75 CPLR proceeding in Supreme Court seeking to vacate an arbitration award that recommended certain disciplinary action be taken against her with respect to her employment with the County. [read post]
10 Feb 2011, 2:31 am by gmlevine
Although the respondent has a burden of persuasion on the issue of right or legitimate interest, it is the complainant who bears the burden of proof on the third element. [read post]