Search for: "State v. Burden"
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3 Sep 2010, 7:48 am
If passed, POWADA would standardize the burdens of production and proof in all employment discrimination cases. [read post]
23 Jul 2010, 9:45 am
See Lepis v. [read post]
23 Sep 2022, 4:14 am
Putnam, 1 USPQ2d at 1773-74 (heavier burden imposed where applicant seeks to prove date of first use earlier than stated in its application) (citing Elder Mfg. [read post]
12 Mar 2007, 1:57 am
In a New York Times commentary, our colleague Ruth Wedgwood answers, in effect: "Yes, Virginia, there is a grave problem with Bosnia v. [read post]
17 Sep 2010, 1:07 pm
Filburn and Gonzales v. [read post]
28 Aug 2008, 11:38 am
Per Khorrami v. [read post]
30 Jun 2011, 11:36 pm
“[T]he burden placed on plaintiffs here is not an onerous one. [read post]
3 Aug 2018, 4:00 am
Courts in New York State have consistently recognized the importance of using progressive discipline.Rulings by the New York State Supreme Court, the Appellate Division of the Supreme Court, and the Court of Appeals, New York State’s highest court, suggest an employer’s in assigning severe penalties for certain “first offenses” may not survive judicial review. [read post]
25 Jun 2018, 2:40 pm
(See Fairbank v. [read post]
1 Dec 2022, 11:12 am
The post <i>Volokh v. [read post]
27 Dec 2011, 2:08 pm
That’s because on December 20, 2011, the Ninth Circuit held in UMG v. [read post]
11 Dec 2019, 11:00 pm
Supreme Court recently heard oral arguments in New York State Rifle & Pistol Association Inc. v. [read post]
5 Oct 2009, 9:00 pm
United States, 293 F. 1013 (D.C. [read post]
15 May 2024, 6:00 am
"Legislative enactments enjoy a strong presumption of constitutionality and parties challenging a duly enacted statute face the initial burden of demonstrating the statute's invalidity beyond a reasonable doubt" (Delgado v State of New York, 194 AD3d 98, 103 [3d Dept 2021] [internal quotation marks and citations omitted], affd 39 NY3d 242 [2022]; see Center for Jud. [read post]
15 May 2024, 6:00 am
"Legislative enactments enjoy a strong presumption of constitutionality and parties challenging a duly enacted statute face the initial burden of demonstrating the statute's invalidity beyond a reasonable doubt" (Delgado v State of New York, 194 AD3d 98, 103 [3d Dept 2021] [internal quotation marks and citations omitted], affd 39 NY3d 242 [2022]; see Center for Jud. [read post]
4 Mar 2007, 11:40 pm
The court found that questions of fact remained as to whether plaintiff's religious practices had been substantially burdened and whether prison officials acted in an intentionally discriminatory manner.In Judd v. [read post]
24 Jan 2013, 11:08 am
Specifically, in Emerson Electric Co. v. [read post]
6 Sep 2023, 5:24 am
State of California - Dept. of Transp. [read post]
7 Apr 2016, 5:18 am
” Last week’s decision in Luis v. [read post]
27 Oct 2020, 2:51 pm
Philip Randolph Institute v. [read post]