Search for: "Burden v. Burden"
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18 Mar 2024, 3:54 am
“As the party seeking to assert personal jurisdiction, the plaintiff bears the burden of proof on [that] issue” (Frisco Mktg. of NY LLC, 93 AD3d at 1353 [internal quotation marks omitted]). [read post]
17 Mar 2024, 11:00 pm
# # #DECISIONAM v Atlantic Westerly Co. [read post]
16 Mar 2024, 6:35 pm
After all, Missouri v. [read post]
16 Mar 2024, 4:04 pm
In the case of Adkins v. [read post]
15 Mar 2024, 8:55 pm
B.L., Austin v. [read post]
15 Mar 2024, 5:15 pm
For example, if an individual litigant is seeking a declaration that certain agency practices are unconstitutional in proceedings they are involved in, which would have an effect of finding say that an agency's ALJs are unlawfully appointed or insulated from presidential control (such as in Jarkesy v. [read post]
15 Mar 2024, 2:33 pm
Something like this is what happened in North Carolina State Board of Dental Examiners v. [read post]
15 Mar 2024, 12:35 pm
In Smith v. [read post]
15 Mar 2024, 5:52 am
The defendant “ ’bears the burden of demonstrating that the proffered evidence conclusively refutes[*2][the plaintiff’s] factual allegations’ ” (id. [read post]
14 Mar 2024, 1:05 pm
Supreme Court in Chevron, USA, Inc. v. [read post]
14 Mar 2024, 10:37 am
Earth, Wind & Fire IP, LLC v. [read post]
14 Mar 2024, 6:47 am
The post Pay-if-Paid v. [read post]
14 Mar 2024, 6:47 am
The post Pay-if-Paid v. [read post]
14 Mar 2024, 6:00 am
" *** Addressing contract reversion, a form of duty satisfaction, the Appellate Division said "if the parties have reached an agreement on a specific subject following negotiations, a party can end an inconsistent past practice by reverting to the terms of the negotiated provisions relative to that subject" and its was the County's burden to show that "the parties have negotiated terms in an agreement that are reasonably clear on the specific subject at… [read post]
14 Mar 2024, 6:00 am
" *** Addressing contract reversion, a form of duty satisfaction, the Appellate Division said "if the parties have reached an agreement on a specific subject following negotiations, a party can end an inconsistent past practice by reverting to the terms of the negotiated provisions relative to that subject" and its was the County's burden to show that "the parties have negotiated terms in an agreement that are reasonably clear on the specific subject at… [read post]
14 Mar 2024, 3:51 am
Nu Science Corporation v. [read post]
14 Mar 2024, 3:00 am
While we’re on the topic of whistleblowers, this CLS Blue Sky blog from Ropes & Gray discusses the recent SCOTUS decision in Murray v. [read post]
13 Mar 2024, 4:07 pm
An affirmative defense differs from most other defenses because it imposes a burden upon the defendant to prove the defense. [read post]
13 Mar 2024, 7:29 am
., v. [read post]
13 Mar 2024, 6:30 am
Sadly, the Supreme Court majority elided those difficulties in Brnovich v. [read post]
