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5 Apr 2011, 1:00 am by Andrew Lavoott Bluestone
Krichmar v Scher ;2011 NY Slip Op 02630 ;Decided on March 29, 2011 ;Appellate Division, Second Department   "To dismiss an action pursuant to CPLR 3211(a)(5) as barred by the applicable statute of limitations, a defendant must satisfy the threshold burden of demonstrating, prima facie, that the time within which to sue has expired, and once that showing has been made, the burden shifts to the opponent to establish that the statute of limitations has been… [read post]
2 Apr 2013, 2:42 pm by Bexis
  The burden and expense to plaintiff does not outweigh production of the electronic information. [read post]
4 Dec 2018, 4:58 am by PAUL SKINNER, MATRIX
In the Court of Appeal (at that stage the case was called MA (Pakistan) v The Upper Tribunal [2016] EWCA Civ 705), it had been determined that, although the test in s 117B(6) was self-contained, in the sense that once the question whether it was reasonable to expect the child to leave the UK had been answered that determined the answer to the proportionality question, in determining that reasonableness question you could take into account any wrongdoing by the parents. [read post]
9 Aug 2010, 12:17 pm by Greg Robinson
It also made it a state crime for immigrants not to carry documents, thus placing on them the burden of proof that they were present legally in the United States. [read post]