Search for: "State v. Burden" Results 4701 - 4720 of 22,145
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20 Jul 2007, 6:23 am
Twombly, 127 S.Ct. 1955, 1974 (2007) (stating that the plaintiff must plead "enough facts to state a claim to relief that is plausible on its face"); Cress v. [read post]
22 Feb 2013, 6:49 am by Susan Brenner
If, on the other hand, the police acted without a warrant, the burden of proof is on the prosecution. [read post]
15 Jun 2018, 2:09 pm by Eugene Volokh
Here's how this played out in today's Florida Court of Appeals decision in Ronchi v. [read post]
28 Apr 2008, 8:07 pm
As for the burden side of the equation - how much of a burden is an ID requirement? [read post]
7 Jan 2007, 8:27 am
Instead, a more lenient test that balances burdens against public benefits, as articulated in Pike v. [read post]
6 Oct 2017, 5:30 am by The Public Employment Law Press
"Citing Matter of Dingee v DiNapoli, 56 AD3d 876, the Appellate Division observed that "[i]n determining whether a person is permanently disabled, [the Comptroller] may consider whether proper medical treatment is reasonably and safely available to correct the disability. [read post]
27 Jan 2016, 4:00 am by The Public Employment Law Press
The Comptroller has exclusive authority to determine the validity of a beneficiary designation on an application for death benefits, which determination must be supported by substantial evidenceClose v Nitido, 2016 NY Slip Op 00407, Appellate Division, Third DepartmentEric M. [read post]
15 Oct 2015, 7:15 am by John Jascob
The group said its members would bear the adverse consequences of striking the preemption provision, a result sought by the states of Montana and Massachusetts in their suit against the SEC (Lindeen v. [read post]