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12 Jul 2018, 4:00 am by Public Employment Law Press
Determining if an employee is eligible for accidental disability retirement benefitsDaquino v DiNapoli, 2018 NY Slip Op 03201, Appellate Division, Third DepartmentAn employee [Petitioner] appealed the Hearing Officer denial of the Petitioner's application on the ground that the incident did not constitute an accident within the meaning of the Retirement and Social Security Law, which decision was adopted by the State Comptroller.In this action challenging the denial of… [read post]
27 Jul 2010, 12:49 pm by Todd Zywicki
Heald by making it easier for states to sustain discriminatory barriers to interstate commerce by shifting the burden of proof to challenges to discriminatory laws. [read post]
28 Jan 2025, 6:49 am by Evangelina Cantu
Both Judges Tow and Berger focused on a conflict caused by two prior Court of Appeals decisions on this issue – L.S.S. v S.A.P. and Salazar v. [read post]
4 Aug 2011, 1:07 pm by Bexis
Ohio March 3, 2008) (§1983), as well as a number of states adopting lower standards of admissibility for defense experts due to the disparity in who bears the burden of proof.Kentucky:  Sakler v. [read post]
3 Jan 2008, 9:23 am
By James KachmarOn December 28, 2007, the Ninth Circuit issued its opinion in the case titled Applied Information Sciences Corp. v. eBay, Inc., in which it clarified the plaintiff’s burden in a federally registered trademark infringement action. [read post]
22 Aug 2011, 1:52 pm
You may consider these facts in deciding whether the State has met its burden of proof. [read post]
17 May 2011, 8:12 am by Stefanie Levine
In the Microsoft Corp. v. i4i, the Supreme Court must determine whether the burden of proof for parties alleging patent invalidity should be changed from a clear and convincing standard to a preponderance of the evidence standard. [read post]
30 Mar 2009, 4:00 am
Superior Court Judge Mitchel Ostrer of Mercer County held on March 5, in State v. [read post]