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9 Jan 2023, 6:00 am
If there is evidence of a conflicted transaction, the burden shifts to the board to show that the decision was “just and proper. [read post]
8 Aug 2014, 1:01 pm
 I'd also be less vociferous if the Ninth Circuit merely held that it was the plaintiff's burden to prove the absence of a future bounceback and that that burden wasn't met here (if, indeed, it wasn't). [read post]
26 Nov 2019, 9:44 pm by MEL
The burden of proving a resignation lies with the employer, and the courts appear to be placing a high burden on employers to ensure that any supposed resignations are truly clear and unequivocal. [read post]
28 Dec 2013, 6:22 am by Marty Lederman
 Simply put, don’t the actual revealed preferences of most large employers in this country refute your theoretical suggestion that employers view their ability to offer an insurance plan as a burden rather than a benefit? [read post]
27 Mar 2009, 5:23 am
At Monday's oral argument in Yeager v. [read post]