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30 Nov 2008, 4:28 pm
On Tuesday, it will hear arguments in Brown v. [read post]
8 Feb 2010, 6:30 am by Avery T. "Sandy" Waterman, Jr., Esq.
Cir. 403, 404 (Richmond Nov. 24, 1998)(movant failed to bear burden without evidence of doing business or inconvenience); Wray, supra at 127-130 (9 witnesses 80 miles away); and Lee v. [read post]
20 Jan 2021, 8:49 am by Arnold Wadsworth Coggins
” Brenda contended Ryan’s allegations “fail[ed] to meet the high burden required for a change of custody” because none of them, “even if true, constitute[d] a material and substantial change in circumstances. [read post]
28 Aug 2012, 5:00 am by Charlotte Law Library
Throughout the controversy, debaters referenced the United States Supreme Court Case of Plyler v. [read post]
9 Jan 2008, 9:47 am
Equally, one can predict that Justices Ginsburg, Breyer, Souter, and Stevens (the latter two, of course, who are nominally Republicans) will hold that the barriers placed on individual voters, given the absence of a scintilla of actual evidence that voting fraud is a problem in Indiana, places an "undue burden" on the "fundamental interest" of the right to participate in selecting one's governors. [read post]
14 Aug 2023, 4:32 am by INFORRM
Earlier in July 2023, a blog post by Jacob van de Kerkhof discussed the shortcomings of the recent Grand Chamber judgment in Sanchez v. [read post]
4 Nov 2008, 10:18 am
The much anticipated preemption case, Wyeth v. [read post]
11 Jan 2011, 3:40 am
In drafting Section 512, Congress aimed to strike this balance by creating a safe harbor for "innocent service providers" which disappears the moment that they lose their innocence (ALS Scan v RemarQ Communities (2001)). [read post]
1 Jan 2017, 5:55 am by SHG
 The burden is on the moving party to prove its case. [read post]
2 Feb 2012, 8:30 am by Steven G. Pearl
In such a case, the disciplinary action is subject to the burden-shifting analysis articulated by the United States Supreme Court in McDonnell Douglas Corp. v. [read post]
5 Oct 2018, 3:11 pm by Daniel A. Thompson
The California Supreme Court recently announced a new test for determining whether a worker is an employee or an independent contractor in the landmark decision of Dynamex Operations West, Inc. v. [read post]