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16 Nov 2011, 11:08 am by Joel R. Brandes
Order of Protection Properly Denied Where Communications Sent with Legitimate Purpose of Attempting to Reconcile with Petitioner In Ovsanik v Ovsanik, --- N.Y.S.2d ----, 2011 WL 5433772 (N.Y.A.D. 4 Dept.) the Appellate Divison reversed an order of protection granted by the Family Court finding that Petitioner failed to meet her burden of proving by a preponderance of the evidence that respondent committed acts constituting a family offense. [read post]
16 Nov 2011, 11:08 am by Joel R. Brandes
Order of Protection Properly Denied Where Communications Sent with Legitimate Purpose of Attempting to Reconcile with Petitioner In Ovsanik v Ovsanik, --- N.Y.S.2d ----, 2011 WL 5433772 (N.Y.A.D. 4 Dept.) the Appellate Divison reversed an order of protection granted by the Family Court finding that Petitioner failed to meet her burden of proving by a preponderance of the evidence that respondent committed acts constituting a family offense. [read post]
11 Nov 2011, 11:55 am by Bexis
 Therefore, [plaintiffs] carry a heavy burden to assure us that we would not be making law.Memorial Hermann Healthcare System Inc. v. [read post]
1 Nov 2011, 11:29 pm by Joel R. Brandes
In its view, regardless of the burden of proof employed, this minor and entirely voluntary "change in circumstances" was insufficient to warrant the mother's request for child support as to this child. [read post]
1 Nov 2011, 3:12 pm by James R. Marsh
Another key to interpreting a statute is that when Congress includes language in one section of a statute but omits it in another section of the same law, it is presumed that Congress intentionally excluded the language.23 The presumptively intentional omission of “proximate result” from the first five subsections suggests that Congress did not want to burden victims of child abuse images with a requirement that they show a proximate cause for these losses. [read post]
24 Sep 2011, 3:58 am
Decisions of interest involving Government and Administrative Law Source: Justia September 23, 2011 Gonzalez-Droz v. [read post]
23 Sep 2011, 6:35 pm by Schachtman
Anderson apparently had two expert witnesses:  one of her child’s treating physicians and Dr. [read post]
19 Sep 2011, 9:36 am by Schachtman
  Furthermore, Rule 703 shifted the burden to opposing counsel to elicit bases in order to show flaws or weaknesses in reasoning and inference. [read post]
8 Sep 2011, 7:25 am by rbm3
SEARCH=707969592">See Catalog International Centre for Dispute Resolution A GUIDE TO THE ICDR INTERNATIONAL ARBITRATION RULES / BY MARTIN F. [read post]
7 Sep 2011, 1:07 pm by rbm3
SEARCH=707969592">See Catalog International Centre for Dispute Resolution A GUIDE TO THE ICDR INTERNATIONAL ARBITRATION RULES / BY MARTIN F. [read post]
3 Sep 2011, 8:19 am by Joel R. Brandes
Under the doctrine of patria potestad, Spanish parents also jointly possess authority over fundamental decisions in the education and upbringing of the child, including where the child is to r [read post]
31 Aug 2011, 7:42 am by John E. Harding, JD, CFLS
Substantial evidence supported the conclusion that Sarah would have lost the house in which child had lived much of his life, and would have faced other substantial burdens that likely would have impacted her attempts at reunification. [read post]