Sentences with phrase «merely meeting a burden»

In November 2017, he achieved precedent - setting victories for investors, when the Second Circuit Court of Appeals held that direct evidence of price impact is not always necessary to demonstrate market efficiency to invoke the presumption of reliance, and that defendants seeking to rebut the presumption of reliance must do so by a preponderance of the evidence rather than merely meeting a burden of production.

Not exact matches

It is contrary to Hartshorne's approach to rest content with the merely negative conclusions that the theist has failed to meet a procedural burden of proof (à la Antony Flew) or even that the skeptic has failed to defeat the theist's own supposedly properly basic beliefs (à la Alvin Plantinga).

Consequently as regards the fundamental contention we are examining, it is not appropriate, in view of the historical associations that burden the word «material» to subsume under the term «matter» the subjectivity which is also met with within the primordial unity we have described, because to do so would at least obscure the equally fundamental difference encountered in that unity between the knowing subject and the object which is merely met with.