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7 Feb 2014, 2:14 pm
At a hearing on a motion pursuant to CPL 440.10, the defendant has the burden of proving by a preponderance of the evidence every fact essential to support the motion in accordance with C.P.L. 440.30(6) and as was held in People v Tucker, involving a motion to vacate a judgment of conviction based on new evidence pursuant to C.P.L 440.10(1)(g) and People v Tankleff. [read post]
7 Feb 2014, 10:02 am
Not only that, but it refused to acknowledge the ruling by the South Carolina Supreme Court in 2009 in All Saints Waccamaw Parish v. [read post]
5 Feb 2014, 7:55 am by Joy Waltemath
Although he failed to advance his claim that he was discriminatorily denied a supervisory role, he could proceed on his claim that his position was eliminated because of his disability (Chalmers v Intel Corp, February 3, 2014, Snow, G). [read post]
5 Feb 2014, 7:51 am by Joy Waltemath
Thus, the court denied the employee’s motion to dismiss  (Absolute Energy Solutions LLC v Trosclair, February 3, 2014, Atlas, N). [read post]
3 Feb 2014, 7:35 pm by Douglas
Verifique sempre se existe o rótulo de instruções,  o lacre sobre a válvula com a marca da companhia de gás e o selo de identificação da Conformidade do Inmetro. [read post]
2 Feb 2014, 4:00 am by Administrator
Chaque semaine, nous vous présentons un résumé d’une décision d’un tribunal québécois qui nous est fournis par la Société québécoise d’information juridique (SOQUIJ) et ayant un intérêt pancanadien. [read post]
29 Jan 2014, 11:24 am
ADDED: As for spelling and punctuation, from the first link:We resisted the temptation to correct the Supreme Court’s erroneous spelling of M‘Culloch v. [read post]
28 Jan 2014, 11:18 am by Dennis Crouch
CKS’s findings do show that the figures cited in the President’s report are misleading, but, as we shall see, that evidence exists in other sources as well. [read post]
27 Jan 2014, 7:51 am by Colter Paulson
  GKH’s argument that the plain language of section 362(g) of the Bankruptcy Code does not permit a court to alter burdens with regard to the automatic stay did not persuade the Sixth Circuit. [read post]
27 Jan 2014, 6:48 am by Joy Waltemath
The employee presented direct evidence of disparaging remarks made by his supervisor about his, and other employees,’ use of leave, raising a question of fact as to whether the discharge decision was motivated by discriminatory animus (Ash v Walgreens Specialty Pharmacy, LLC, January 22, 2014, Steeh, G). [read post]
26 Jan 2014, 4:00 am by Administrator
Par ailleurs, dans R. v. [read post]