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31 Jul 2012, 9:52 pm
The borrowing from the regulations did not impose any unfair burden on the manufacturer and were allowed. [read post]
14 May 2021, 4:45 am by Public Employment Law Press
Citing a number of earlier court rulings including Matter of Martin v New York State Comptroller, 161 AD3d 1418, the Appellate Division affirmed the Comptroller's decision, explaining that to qualify for a RSSL §607-c performance of duty disability retirement the applicant bears the burden of establishing that his alleged incapacity was "the natural and proximate result of any act of any inmate or any person confined in an institution under [county]… [read post]
29 Sep 2016, 7:30 am by The Public Employment Law Press
As the United States Court of Appeals for the 5thCircuit held in Wallace v Methodist Hospital System, 271 F.3d 212, where the employer has presented a lawful reason to rebut an individual’s prima facie evidence of unlawful discrimination, the burden shifts to the charging party to “present facts to rebut each and every legitimate non-discriminatory reason advanced by [the employer] in order to survive [a motion for] summary judgment” submitted to the… [read post]
14 May 2021, 4:45 am by Public Employment Law Press
Citing a number of earlier court rulings including Matter of Martin v New York State Comptroller, 161 AD3d 1418, the Appellate Division affirmed the Comptroller's decision, explaining that to qualify for a RSSL §607-c performance of duty disability retirement the applicant bears the burden of establishing that his alleged incapacity was "the natural and proximate result of any act of any inmate or any person confined in an institution under [county]… [read post]
21 Feb 2024, 9:01 pm by Samuel Estreicher and Klara Nedrelow
”[11]Framework for Provisional MeasuresThe burden of proof for the applicant at the provisional measures stage is lower than it is at the merits stage. [read post]
6 Feb 2015, 9:10 am by Dennis Crouch
by Dennis Crouch The recent decision in Beriont v. [read post]