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29 Apr 2016, 5:33 am
Dodd, 598 F.3d 449, 452–53 (U.S.Court of Appeals for the 8th Circuit 2010)); see also United States v. [read post]
15 Jan 2007, 6:00 am
Among other things, the article discusses the split in authority among federal courts over who bears the burden of proving that the "home state" and "local controversy" exceptions to CAFA removal jurisdiction are present: The Class Action Fairness Act has created confusion over who has the burden of proof to show why a case filed in state court should or should not be moved to federal court. [read post]
28 Sep 2017, 1:46 pm by Amy Howe
And much like the Texas rules, Planned Parenthood argued, the Missouri requirements would impose “enormous burdens” on women seeking an abortion in Missouri, by leaving only two clinics able to provide abortions in the entire state. [read post]
28 Nov 2010, 9:00 pm
Otherwise, the Court held in its 1992 case Quill Corp. v. [read post]
22 Aug 2024, 4:50 am by Robin E. Kobayashi
State of California App-Based Gig Workers—Proposition 22—Constitutionality and Enforceability—California Supreme Court, affirming Court of Appeal, held that (1) Business and Professions Code § 7451, enacted by voters through Proposition 22 (Bus. [read post]
16 Feb 2011, 8:40 am by Steve Hall
Three states have not set a burden of proof. [read post]
14 Apr 2020, 9:00 pm by Joanna L. Grossman and Mary Ziegler
Under the standard announced in Casey, a state can regulate pre-viability abortion only as long as it does not impose an undue burden on a woman’s right to terminate a pregnancy. [read post]