Search for: "Burden v. Burden" Results 5281 - 5300 of 31,085
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19 Apr 2022, 5:15 am by Public Employment Law Press
" Noting that "[a] party seeking to overturn an arbitration award bears a heavy burden and must establish a ground for vacatur by clear and convincing evidence," the Appellate Division affirmed the Supreme Court's decision.Citing Goldfinger v Lisker, 68 NY2d at 232-233, the Appellate Division explained that there was "clear and convincing evidence" that the arbitrator committed misconduct and that such misconduct "prejudiced the [Responent's]… [read post]
13 Sep 2024, 4:10 am by Howard Friedman
In Planned Parenthood Great Northwest, Hawai'i, Alaska, Indiana, Kentucky, Inc. v. [read post]
29 Aug 2013, 1:04 pm
However, there was a recent important Texas Supreme Court decision rendered in Tedder v. [read post]
30 Mar 2017, 9:30 am by The Public Employment Law Press
Hearing officer's applying an incorrect standard in making his or her determination requires the remanding of the matter for a new hearingMcGowan v New York State & Local Police & Fire Retirement Sys., 2017 NY Slip Op 01751, Appellate Division, Third DepartmentJames K. [read post]
13 May 2021, 4:00 am by Public Employment Law Press
Citing Matter of Che Lin Tsao v Kelly, 28 AD3d 320 and other decisions, the Appellate Division held that Supreme Court "properly concluded that [Plaintiff] failed to meet her burden of demonstrating, by competent proof, that a substantial issue of bad faith existed warranting a hearing. [read post]
11 Jan 2016, 5:00 am by Woodrow Pollack
., 69 F.3d 1539, 1551 (11th Cir.1995) (Rule 8 does not “impose upon plaintiffs the burden to plead with the greatest specificity they can”), and Defendants will be able to obtain this information during discoveryMotion to dismiss (or for a more definite statement), denied.PK Studios, Inc. v. [read post]