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18 May 2012, 3:20 am
Employer has the burden of proof that a disability prevents the employee from reasonably performing the functions and duties of the position Matter of New York State Dept. of Correctional Servs. v New York State Div. of Human Rights, 57 AD3d 1057 New York State Correction Officer Edward J. [read post]
27 Jan 2012, 8:03 am
Peterson, 601 F.3d 1065, 1070 (10th Cir. 2010) (stating, in the context of a § 1983 action, “[t]he officers bear the burden of establishing that the threats posed exigent circumstances justifying the warrantless entry”); Hardesty v. [read post]
23 Apr 2008, 11:06 pm
As is well known, the House of Lords in Stack v. [read post]
11 May 2020, 8:04 am by Daily Record Staff
Criminal procedure — Burden of proof — Unsubstantiated assumption Following a one-day bench trial in the Circuit Court for Anne Arundel County, Corey Ryan Knapp, appellant, was convicted of second-degree assault and sentenced to eight years’ imprisonment with all but four years suspended in favor of five years’ probation for punching his then girlfriend in ... [read post]
10 Nov 2012, 3:44 pm by Kurt T. Koehler
This past week the United States Supreme Court heard oral arguments in Michigan v. [read post]
9 Dec 2011, 12:28 pm by Donna Eng
For those of you who were not able to take the time to listen to the live oral argument in the Florida Supreme Court in State v. [read post]
1 Jul 2022, 9:02 pm by Public Employment Law Press
"At a trial on a State HRL claim, the plaintiff employee still bears the burden of proving the existence of a reasonable accommodation that would have enabled the employee to perform the essential functions of his or her position" (Jacobsen v New York City Health & Hosps. [read post]
1 Jul 2022, 9:02 pm by Public Employment Law Press
"At a trial on a State HRL claim, the plaintiff employee still bears the burden of proving the existence of a reasonable accommodation that would have enabled the employee to perform the essential functions of his or her position" (Jacobsen v New York City Health & Hosps. [read post]