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20 Oct 2011, 3:08 am by Andrew Lavoott Bluestone
Thus, the burden shifted to plaintiff to raise a question of fact requiring a trial (see CPLR 3212 [b]; Alvarez v Prospect Hosp., 68 NY2d 320, 324 [1986]; Zuckerman v City of New York, 49 NY2d 557, 562 [1980]; Friends of Animals v Associated Fur Mfrs., 46 NY2d 1065, 1067-1068 [1979]). [read post]
25 Jan 2017, 9:37 am by Aidan Wills
Both Miller v Associated Newspapers and Frost v MGN are leapfrog appeals from the High Court. [read post]
20 May 2024, 8:00 am by Sader Law Firm
This is one of the reasons so many small businesses have looked into filing under Subchapter V due to this level of accessibility. [read post]
7 May 2012, 5:47 am
"The scale of Samsung's production and the burden placed on it by the compressed case schedule and the numerous claims at issues . . . [read post]
12 Feb 2007, 4:52 am
The Court agreed, noting that the skimpy record below gave little reason to overturn the judge's decision below in denying the TRO, given the petitioner's burden to prove 1) the likelihood that the petitioner would succeed on the merits, 2) the 'balance of inconvenience' between granting or denying the TRO, 3) the petitioner would suffer irreparable injury, and 4) the public interest.The Court also rejected the petitioner's argument that Lamb v. [read post]
25 Aug 2012, 11:22 am by Matthew L.M. Fletcher
Whether a court may impose on an objector the burden to provide evidence of a structural conflict where it concedes that the defendant’s conduct has destroyed any such evidence. 2. [read post]
27 May 2012, 11:42 am by Madelaine Lane
  The Court also remanded People v. [read post]
1 Mar 2024, 12:25 pm by Lawrence Solum
Such a regime might apply strict scrutiny more widely, to any substantial burdens on free exercise (as the Court did prior to Smith in cases like Sherbert v. [read post]
6 Dec 2006, 3:32 pm by Stuart Levine
The following headnote is from Judge Charles Moylan's opinion in the case of Nils, LLC v. [read post]
4 Mar 2008, 11:01 am
Later today, Kevin of Howe & Russell will file this brief for the petitioner in Meacham v. [read post]
6 Jul 2011, 2:36 pm by Tarunabh Khaitan
They are provided with negligible training, burdened with all the responsibilities of a police officer, provided with fire arms, and used in combat operations against naxals. [read post]