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15 May 2024, 10:00 am by Public Employment Law Press
Defendants nonetheless failed to meet their burden of showing that they lacked "constructive notice of the condition and a reasonable time to correct or warn about its existence" (Parietti v Wal-Mart Stores, Inc., 29 NY3d 1136, 1137 [2017]).On the issue of constructive notice, defendants relied on the testimony of the school's custodian engineer, who stated that she "usually" conducted daily inspections of the building's doors, during which… [read post]
15 May 2024, 10:00 am by Public Employment Law Press
Defendants nonetheless failed to meet their burden of showing that they lacked "constructive notice of the condition and a reasonable time to correct or warn about its existence" (Parietti v Wal-Mart Stores, Inc., 29 NY3d 1136, 1137 [2017]).On the issue of constructive notice, defendants relied on the testimony of the school's custodian engineer, who stated that she "usually" conducted daily inspections of the building's doors, during which… [read post]
3 Dec 2012, 6:56 am by Joel R. Brandes
In Pignoloni v Gallagher, Slip Copy, 2012 WL 5904440 (E.D.N.Y.), Petitioner Fabrizio Pignoloni ("Petitioner") filed a petition under the Hague Convention seeking an order directing Respondent Luise Ann Gallagher ("Respondent") to return their two minor sons, E.G.P. and A.T.P. [read post]
31 May 2007, 2:21 am
Wallace concurred, stating though that a modified categorical approach should be used.US v. [read post]
8 May 2024, 4:51 am by Andrew Lavoott Bluestone
In the First Department it is Defendants’ burden to demonstrate uncollectability of a judgment as a defense; in the Second Department it is Plaintiff’s burden. [read post]
15 Aug 2014, 5:19 am
That is a finding well-within the family court's purview, and Husband has not met his burden of proving the family court erred.Teeter v. [read post]
20 Jul 2011, 12:07 am by INFORRM
Thirdly, the breadth of article 8(1) may in many instances be greatly curtailed by the scope of the justifications available to the state pursuant to article 8(2)…… “ And in prior restraint cases such as this, the burden of proof is on the party seeking the injunction; he or she must satisfy the requirements of s.12(3) of the Human Rights Act, or fail. [read post]
30 Oct 2019, 10:05 am by Ettinger Law Firm
In 2018, the United States District Court for the District of Alaska in the case of Disability Law Center of Alaska v. [read post]
24 Jun 2009, 2:54 am
Rick Kittel and KU Defender Project student Sebastien Orosco won in State v. [read post]