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31 Jul 2024, 7:20 am
Today's declaratory judgment law slip opinion: Spillane v. [read post]
20 Aug 2024, 12:30 pm
Today's criminal law advance release slip opinion: State v. [read post]
9 Jul 2018, 4:00 am by Public Employment Law Press
"Accordingly Pereira was able to successfully claim that he had been "physically present" in the United States for more than ten years.The same theory is applied in New York State cases involving "proper service" of a notice of discipline in DiPillo v Jacknis. [read post]
11 Mar 2007, 5:18 pm
In the Stussy case, Case C-244/00 Van Doren + Q GmbH v Lifestyle + Sportswear Handelsgesellschaft mbH [2003] ETMR 75, 8 April 2003, the European Court of Justice was faced with a tricky problem involving burden of proof of consent to the marketing of goods where the trade mark owner said they hadn't been put on the market in the EEA by the trade mark owner or with its consent, while a retailer of the allegedly infringing goods said they had. [read post]
22 Aug 2008, 8:00 pm
The underlying issue in the latest opinion, State of Texas, et al., v. [read post]
1 Jul 2009, 5:11 am
Moreover, he disagreed with the court of appeals holding that the voluntary intoxication instruction relieved the State of proving the requisite mental state. [read post]
7 Mar 2021, 7:01 am by Joel R. Brandes
It agreed with the District Court’s conclusion that Appellant met her burden of showing L.S. was well-settled in the United States. [read post]
In 2003, California lawmakers enacted Labor Code Section 1102.6, setting forth a framework for whistleblower retaliation claims that varied from the burden-shifting test established by the United States Supreme Court in McDonnell Douglas Corp. v. [read post]