Search for: "Burden v. Burden" Results 6761 - 6780 of 31,121
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12 Oct 2011, 9:34 pm by rquintilone
The trial court found Chen did not meet his statutory burden (provide enough evidence) of establishing the existence of a written arbitration agreement between the parties. [read post]
8 Jun 2014, 7:53 pm by Schachtman
The law is clear that scientific certainty is not required to prove causation to the legal standard of proof on a balance of probabilities (See: Snell v. [read post]
31 Dec 2013, 1:18 am by Andrew Trask
The Third Circuit has made it easier for defendants to hold plaintiffs to they burden, by stressing that it is in fact plaintiffs' burden to meet. [read post]
15 Jul 2008, 10:06 pm
 Therefore, the burden on YouTube did not outweigh Viacom’s need for the information. [read post]
18 Jun 2012, 8:40 am by Maya Risman
Claims of discrimination under Title VII  are governed by a tripartite burden-shifting test established by McDonnell Douglas v. [read post]
21 Jul 2011, 5:53 pm by zshapiro
But in regard to whether Blair’s right to due process was denied by the three year period between the conviction and the filing of the opening brief, the Ninth Circuit followed it’s precedent in Hayes v. [read post]
24 Jul 2024, 9:48 am by centerforartlaw
Considering the existing framework for the mutual recognition and enforcement of criminal decisions, the ECtHR decided to shift the burden of proof on the defendant. [read post]
20 Dec 2009, 6:06 pm
Under the so-called "broad rule of evidence" applicable here, the plaintiff failed to establish the "actual cash value" of the loss, a burden she was required to carry under the policy since the fire damage had not been repaired (see Gervant v New England Fire Ins. [read post]
1 Oct 2019, 4:40 am by Andrew Lavoott Bluestone
“If the defendant meets this initial burden, the burden shifts to the plaintiff to raise a question of fact as to whether the statute of limitations has been tolled, an exception to the limitations period is applicable, or the plaintiff actually commenced the action within the applicable limitations period” (Amrusi v Nwaukoni, 155 AD3d 814, 816 [2017] [internal quotation marks omitted]; see Shah v Exxis, Inc., 138 AD3d 970, 971 [2016]). [read post]