Search for: "Beare v. Smith" Results 101 - 120 of 1,162
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28 Mar 2017, 5:00 am by Daniel E. Cummins
The courts have reasoned that the rule should not apply to the defense case because the defense does not bear the burden of proof at trial.Plaintiffs may cite to the case of Smith v. [read post]
19 Jun 2008, 9:02 pm
By Mark SpringIn 2005, the United States Supreme Court issued its ruling in Smith v. [read post]
20 May 2014, 11:37 am
 Judge Wallace, by contrast, agrees, but argues that the capable of repetition yet evading review exception applies.Beyond this doctrinal debate, there are two tiny portions of both opinions that bear brief mention. [read post]
21 Oct 2013, 2:01 pm by Joe Patrice
Brittenham, Hobby Lobby, Hobby Lobby v. [read post]
24 Jul 2020, 7:18 am by Eric Goldman
Calcagni * Griper Selling Anti-Walmart Items Through CafePress Doesn’t Infringe or Dilute–Smith v. [read post]
18 Jun 2018, 5:37 am by Pascale Lorber
Pascale LorberThe United Kingdom Supreme court confirmed on 13 June 2018 in the case of Pimlico v Smith what another three lower courts had already decided in the same case: that attempts by employers to label workers as self-employed under elaborate contractual arrangements can be unravelled by the judiciary to benefit the individuals. [read post]
26 Jul 2019, 11:00 am by Jon Sands
Smith w/Schroeder & Rakoff). [read post]
1 Jan 2014, 4:33 am
 According to the recent Generics v Teva/Yeda decision, the burden of proof should therefore be on the alleged infringer, not the patentee. [read post]
26 Oct 2022, 6:58 am by INFORRM
On the one hand, the argument for the fragility of Sullivan after Bruen is examined in Alexander Hiland & Michael L Smith “Using Bruen to Overturn New York Times v Sullivan” 50 Pepperdine Law Review (forthcoming) (SSRN). [read post]
6 Nov 2020, 5:02 am by Eugene Volokh
If the Court wanted to go down the path of emphasizing subjective motivations, it would have decided Trump v. [read post]