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9 Oct 2018, 4:00 am by Public Employment Law Press
"*In Phillips v Town of Glenville the Appellate Division addressed the a number of issues resulting from a "holdover" employment situation.George J. [read post]
2 Dec 2012, 9:30 pm by Rick St. Hilaire
Customs and Border Protection] need not demonstrate that the [Chinese and Cypriot] articles are restricted; rather, the [CPIA] statute 'expressly places the burden on importers to prove that they are importable.'"The case of United States v. [read post]
2 Mar 2015, 2:43 pm
It is nothing less than the first public response of any national office to the current EPO unrest.* The burden of proof in "double identity" trade mark disputes: rising to the Supreme challengeAfter his earlier note on Supreme Petfoods Ltd v Henry Bell & Co (Grantham) Ltd, Jeremy hosts this post of guest contributor Tim Behean(Sipara, Oxford), which focuses on just one aspect of this multifaceted ruling: burden of proof in so-called "double… [read post]
20 Dec 2016, 10:27 am by 802050david
Religious Freedom Restoration Act–substantial burden–Ninth Circuit holds that federal cannabis prohibition is not a substantial burden. [read post]
13 Jan 2025, 2:58 am by Andrew Lavoott Bluestone
“If the defendant satisfies this burden, the burden shifts to the plaintiff to raise a question of fact as to whether the statute of limitations was tolled or otherwise inapplicable, or whether the plaintiff actually commenced the action within the applicable limitations period” (Barry v Cadman Towers, Inc., 136 AD3d 951, 952). [read post]
10 Mar 2020, 6:16 am by Second Circuit Civil Rights Blog
That causation test was adopted by the Supreme Court in recent years for retaliation cases, and it increases the plaintiff's burden in winning these claims. [read post]
3 Nov 2023, 4:00 am by Public Employment Law Press
The applicant for accidental disability retirement bears the burden of establishing that the disability arose from an accident within the meaning of the Retirement and Social Security Law; 2. [read post]