Search for: "Burden v. Burden"
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24 Apr 2012, 8:43 am
Not very long ago, this blog expressed our disappointment with the decision rendered by the Commonwealth Court of Pennsylvania in Glaze v. [read post]
21 Jun 2007, 8:34 pm
The court found that it had jurisdiction to decide this case based on Allstate Insurance Co. of Canada v. [read post]
28 Feb 2012, 11:23 am
In Sherbert v. [read post]
5 Jun 2006, 7:09 am
LLC v. [read post]
8 May 2020, 2:28 pm
Tiny burden, big benefit.To be clear: Not the law in California, however. [read post]
Myong Nam Kim v. Board of Liquor License Commissioners for Baltimore City (Md. Ct. of Spec. Appeals)
3 Jan 2023, 6:00 am
Based on the record, the Court of Special Appeals held that “The Licensees failed to meet their burden. [read post]
30 Mar 2016, 2:33 pm
The Supreme Judicial Court today issued its opinion in Van Liew v. [read post]
8 Mar 2018, 6:07 pm
In EEOC v. [read post]
25 May 2018, 9:39 am
In Yazhong Investing Ltd. v. [read post]
13 Sep 2007, 4:44 am
" Since color cannot be an inherently distinctive trademark, 3m sought registration via Section 2(f). 3M bore the burden of proof to establish acquired distinctiveness, a "difficult" burden for a color mark.3M offered the testimony of four witness and an expert, and provided sales and advertising figures. [read post]
19 Jan 2010, 7:10 pm
Well, in the recent unpublished decision of Hartelust v. [read post]
4 Aug 2012, 5:59 am
The ongoing Apple v. [read post]
28 Oct 2008, 12:30 pm
Hauer v. [read post]
5 Dec 2016, 7:23 am
Disputes regarding the scope of the easement may arise if that use changes or becomes overloaded, as in the case of Kent v. [read post]
27 Jun 2008, 10:41 pm
Morgan Stanley Capital Group, Inc. v. [read post]
3 Sep 2010, 7:48 am
If passed, POWADA would standardize the burdens of production and proof in all employment discrimination cases. [read post]
9 Jun 2025, 12:10 pm
Supreme Court in Ames v. [read post]
6 May 2025, 1:44 pm
"'The party seeking to invoke collateral estoppel has the burden to show the identity of the issues, while the party trying to avoid application of the doctrine must establish the lack of a full and fair opportunity to litigate'" (Villaver v Paglinawan, 230 AD3d 533, 535, quoting Matter of Dunn, 24 NY3d 699, 704).Here, the majority of the plaintiff's allegations in this action were premised on her claim that the Lindeman report was a forgery and that… [read post]
6 May 2025, 1:44 pm
"'The party seeking to invoke collateral estoppel has the burden to show the identity of the issues, while the party trying to avoid application of the doctrine must establish the lack of a full and fair opportunity to litigate'" (Villaver v Paglinawan, 230 AD3d 533, 535, quoting Matter of Dunn, 24 NY3d 699, 704).Here, the majority of the plaintiff's allegations in this action were premised on her claim that the Lindeman report was a forgery and that… [read post]
8 Oct 2023, 8:07 am
We opposed the removal and the improper attempt at burden shifting by relying on a recent Kansas case, Guzman v. [read post]
