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12 Feb 2015, 8:51 am by My name
But an employee’s “reasonable belief” of a violation is insufficient – the employee must prove an actual violation to state a claim under the FWA, according to a recent decision by Florida’s Second District Court of Appeal, Kearns v. [read post]
6 Jan 2022, 10:52 am by Michael C. Dorf
§ 2000cc(a)(2)(B), which would entitle the plaintiffs to the application of the compelling interest test if “the substantial burden” of complying with the vaccine mandate “affects, or removal of that substantial burden would affect, commerce with foreign nations, among the several States, or with Indian tribes, even if the burden results from a rule of general applicability. [read post]
16 Jun 2010, 5:08 am by Transplanted Lawyer
  (That burden may be a light one.)What's important today is to understand the clash of ideas in the courtroom up in San Francisco. [read post]
14 Jun 2010, 2:15 am by INFORRM
  Last week we discussed the burden of proof in libel cases. [read post]
7 Jan 2016, 1:52 pm
Let's take a closer look at each of these steps.I'm sure you believe me on (1) -- that Central Hudson applied the four-part Central Hudson test.Similarly, (2)'s beyond dispute, and Judge Callahan's opinion says so itself:  "On appeal [in Actmedia], we applied the test for laws that burden commercial speech set forth in Central Hudson Gas & Electric Corp. v. [read post]
7 Aug 2007, 7:59 am
The appellant has the burden of proving that the act is not rationally related to achieving any legitimate objective of state government under any reasonably conceivable state of facts. [read post]