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30 Nov 2023, 7:38 am by INFORRM
That was a threshold condition, and not question of discretion, R (Omar) -v- Secretary of State for Foreign and Commonwealth Affairs [2014] QB 112 [30]. [read post]
29 Nov 2023, 4:02 am by Andrew Lavoott Bluestone
A defendant bears the initial burden of establishing that he or she has been released from any claims (see Centro Empresarial Cempresa S.A. v América Móvil, S.A.B. de C.V., 17 NY3d 269, 276). [read post]
27 Nov 2023, 6:00 am by Public Employment Law Press
The Comptroller adopted the Hearing Officer's decision.Petitioner then commenced this proceeding pursuant to CPLR Article 78 challenging the Comptroller's determination.Citing Matter of Bohlen v DiNapoli, 34 NY3d 434, the Appellate Division explained the "Comptroller is vested with exclusive authority to determine applications for retirement benefits and such determination, if supported by substantial evidence, must be upheld". [read post]
27 Nov 2023, 6:00 am by Public Employment Law Press
The Comptroller adopted the Hearing Officer's decision.Petitioner then commenced this proceeding pursuant to CPLR Article 78 challenging the Comptroller's determination.Citing Matter of Bohlen v DiNapoli, 34 NY3d 434, the Appellate Division explained the "Comptroller is vested with exclusive authority to determine applications for retirement benefits and such determination, if supported by substantial evidence, must be upheld". [read post]
27 Nov 2023, 5:51 am by Elizabeth Goitein
” In fact, while four district court judges and the FISA Court have found backdoor searches to be constitutionally reasonable, four circuit court judges — including a unanimous Second Circuit panel in United States v. [read post]
27 Nov 2023, 1:25 am by Rose Hughes
Finally, Roche further attached a resolution from FICPI (the International Federation of Intellectual Property Attorneys), which outlines the danger and burden to applicants of the EPO's description amendment requirement. [read post]
24 Nov 2023, 12:30 pm by John Ross
Concurrence: And what's all this about requiring a "substantial" burden on religion to state a claim; we usually don't let courts decide how important someone's religious practice is. [read post]
23 Nov 2023, 7:04 am by Russell Knight
Therefore, the original complaint failed to state a cause of action for fraud” Ault v. [read post]