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On appeal, a preserved challenge to a Rule 11 error at the guilty plea is reviewed for harmless error, and it’s the government’s burden to prove that the Rule 11 error was harmless. United States v. Freeman, No. 19-2432, __F.4th__ , 2021 WL 5114918 (2d Cir. Nov. 4, 2021) (C.J.J. Sullivan, Park, and Nardini).
15 Nov 2021, 9:14 am by Darrell Fields
United States v. [read post]
Federal Defenders of New York Blog - http://blog.federaldefendersny.org/
Shifting Burdens: Prawfs Take Note of Affirmative Consent Issues
4 Sep 2015, 5:41 am by SHG
Burden met. [read post]
Simple Justice - http://blog.simplejustice.us
California Supreme Court Clarifies Respective Roles of Court and Jury During Compensation Trial in an Eminent Domain Action
2 Nov 2007, 2:34 pm
In Metropolitan Water District of Southern California v. [read post]
Public Blawg - http://www.publiclawnews.com/blogs/public-blawg
Stack v Dowden applied
23 Apr 2008, 11:06 pm
As is well known, the House of Lords in Stack v. [read post]
Family Lore - http://www.familylore.co.uk/
Breaking News: The Supreme Court Allows Affirmative Action to Live Another Day
24 Jun 2013, 7:16 am by immigrationprof
Today, the Supreme Court, in an opinion by Justice Kennedy, held in Fisher v. [read post]
ImmigrationProf Blog - http://lawprofessors.typepad.com/immigration/
Supreme Court of the State of Hawai’i, Field v. National Collegiate Athletic Association, Docket SCWC-15-0000663
20 Dec 2018, 1:05 pm
See Ralston v. [read post]
Frederic Borel - http://fredericborel.blogspot.ch/
Supreme Court Increases Disclosure Burdens on Pharma Companies
24 Mar 2011, 9:59 pm by Patent Docs
Noonan -- As it has done in other areas of the law recently (such as Bell Atlantic Corp. v. [read post]
Patent Docs - http://www.patentdocs.org/
Shifting Burden of Production Does Not Shift Burden of Proof; PTO Deference
14 Oct 2008, 4:49 pm
Technology Licensing Corp v. [read post]
Patently-O - http://www.patentlyo.com/patent/
Second District Looks at Zold
5 Jun 2007, 9:07 am
Zold v. [read post]
Florida Family Law Blawg - http://flafamlaw.blogspot.com/
New Seventh Circuit CAFA opinion: Hart v. FedEx Ground Package System, Inc.
21 Aug 2006, 6:00 am
In Hart v. [read post]
The UCL Practitioner - http://www.uclpractitioner.com/
The "Access and Opportunity" Argument and Evidentiary Burdens
12 Aug 2016, 2:00 pm by Kenneth J. Vanko
"The court dealt with the burden-shifting question by finding that North Carolina courts would require employers to do more. [read post]
Legal Developments In Non-Competition Agreements - http://www.non-competes.com/
Supreme Court eases employees’ burden to establish SOX retaliation claims and possibly other whistleblower claims
26 Feb 2024, 1:35 pm by Amanda Brown and Heather Raun
Supreme Court issued Murray v. [read post]
Employment Law Watch - http://www.employmentlawwatch.com/
Justice Kennedy’s “Heavy Burden of Justification”
27 Mar 2012, 7:02 pm by Gerard Magliocca
 Justice Kennedy, writing for the majority in Bond v. [read post]
Concurring Opinions - http://www.concurringopinions.com
A party seeking a writ of prohibition barring a judicial or quasi-judicial tribunal from acting on a matter before it has the burden of persuasion
7 Apr 2011, 4:10 am
A party seeking a writ of prohibition barring a judicial or quasi-judicial tribunal from acting on a matter before it has the burden of persuasion Matter of North Syracuse Cent. [read post]
New York Public Personnel Law - http://publicpersonnellaw.blogspot.com/
The Unpleasant Burden Of Deconstructing Gibberish
13 Sep 2017, 5:30 am by SHG
The correct quote from Davis v. [read post]
Simple Justice - http://blog.simplejustice.us
Don’t Forget, Appellants: The Record is Your Burden, Too
1 Oct 2008, 1:07 am by Greg May
The appellant in Gunn v Mariners Church, Inc., case no. [read post]
The California Blog of Appeal - http://www.calblogofappeal.com
Medtronic v. Boston Scientific: Burden to Prove Infringement Lies Upon Patentee in Declaratory Judgment Actions
7 May 2014, 12:11 pm
Medtronic, Inc. v. [read post]
Journal of the Patent and Trademark Office Society - http://jptos.org
The party alleging that an individual has changed his domicile has the burden of proving such a change of the individual’s “permanent place of abode”
14 Apr 2011, 4:51 am
The party alleging that an individual has changed his domicile has the burden of proving such a change of the individual’s “permanent place of abode” Matter of Gigliotti v Bianco, 2011 NY Slip Op 02206, Appellate Division, Fourth Department The City of Niagara Falls School District terminated the employment of Vincent F. [read post]
New York Public Personnel Law - http://publicpersonnellaw.blogspot.com/
Richmond Civil Rules that Although General Denial of No-Fault Benefits Excused Provider's Obligation to Continue to Submit Bills, Burden Remained with Provider to Establish Medical Necessity of Unsubmitted Billings At Trial
1 Feb 2010, 2:32 pm
See, Auerbach v. [read post]
Coverage Counsel - http://nycoveragecounsel.blogspot.com/
Products Liability: Pennsylvania Supreme Court Clarifies Burden of Proof in Malfunction Theory Case
22 Oct 2009, 1:26 am
In the recent October 2, 2009 case of Barnish v. [read post]
Tort Talk - http://www.torttalk.com/