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17 Nov 2009, 6:11 am
Two recent United States District Court Cases, one out of Minnesota, Kay Beer Distributing, Inc. v. [read post]
5 May 2013, 7:12 am by Howard Friedman
It also held that RLUIPA does not authorize damage claims against officials in their individual capacities.In United States v. [read post]
8 May 2025, 6:00 am by Public Employment Law Press
DC 37's asserted defense that the "[c]omplaint fails to state a claim against [DC 37] upon which relief may be granted" encompassed DC 37's later argument that plaintiff failed to meet his burdens, including under the Martin rule (see Morton v Mulgrew, 144 AD3d 447, 448 [1st Dept 2016]; Salemeh, 25 AD3d at 411-412).The court also properly dismissed plaintiff's breach of contract claim against his employer, H+H, because his employment… [read post]
8 May 2025, 6:00 am by Public Employment Law Press
DC 37's asserted defense that the "[c]omplaint fails to state a claim against [DC 37] upon which relief may be granted" encompassed DC 37's later argument that plaintiff failed to meet his burdens, including under the Martin rule (see Morton v Mulgrew, 144 AD3d 447, 448 [1st Dept 2016]; Salemeh, 25 AD3d at 411-412).The court also properly dismissed plaintiff's breach of contract claim against his employer, H+H, because his employment… [read post]
2 Apr 2007, 10:30 pm
To do those things is the State's burden, not the judge's burden. [read post]
21 Mar 2014, 7:31 am by Jay Yurkiw
Undue Burden In re Subpoena of Daniel Drasin; Advanced Career Technologies v. [read post]
5 Jun 2011, 3:46 pm by Dan Bushell
Importing the 5th DCA’s reasoning in State Farm Florida Insurance Co. v. [read post]
23 Sep 2011, 1:16 pm by Julie Lam
State Farm Mutual Automobile Ins Co, No. 142754 (Justices Cavanagh, Marilyn Kelly, and Hathaway would leave); DuRall v. [read post]
18 Mar 2019, 4:00 am by Public Employment Law Press
" Further, said the court, the probationary employee bears the burden of establishing that his or her "dismissal was due to causes unrelated to work performance and/or improperly motivated. [read post]
18 Mar 2019, 4:00 am by Public Employment Law Press
" Further, said the court, the probationary employee bears the burden of establishing that his or her "dismissal was due to causes unrelated to work performance and/or improperly motivated. [read post]