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23 Feb 2012, 3:47 pm
Defendant contended that the jury instruction failed to state that Plaintiff had the burden of proof to show all the elements of fraud by clear and convincing evidence. [read post]
2 Sep 2013, 5:18 am by Susan Brenner
The party asserting the privilege bears the burden of establishing that the communications in question are `(1) between a client and his attorney, (2) . . . intended to be, and in fact were, kept confidential, [and] (3) for the purpose of obtaining or providing legal advice. [read post]
13 Jun 2008, 12:05 am
" According to the decision, Sills had the burden of showing bad faith by the Department and he was unable to meet this burden. [read post]
29 Jul 2012, 10:27 pm by Leland E. Beck
FCC, noting simply that the petitioners failed to carry their heavy burden for a judicial stay (i.e. preliminary injunction). [read post]
29 Jul 2012, 10:27 pm by Leland E. Beck
FCC, noting simply that the petitioners failed to carry their heavy burden for a judicial stay (i.e. preliminary injunction). [read post]
28 Mar 2009, 3:48 am
The case is C-127/08 Metock and Others v Minister for Justice, Equality and Law Reform and the judgment was handed down on July 25th 2008. [read post]
4 Oct 2018, 4:39 am by Andrew Lavoott Bluestone
Here, T & L met its prima facie burden by establishing that the last date of the alleged malpractice occurred on January 11, 2006, and the action against it was not commenced until February 6, 2013 (see 3rd & 6th, LLC v Berg, 149 AD3d 794, 795; Aseel v Jonathan E. [read post]