Sentences with phrase «met his burden of»

In a ruling last week, Judge Ernest Goldsmith said Google could arrange its search results however it wants, as it «met its burden of showing that the claims asserted against it arise from constitutionally protected activity.»

«The government has not met its burden of showing likelihood of success on appeal on its arguments with respect to the due process claim,» the judges wrote.

But that's a big deal: business owners need to have the discretion to save and invest retained earnings as they see fit, to meet the burdens of responsibility they bear for their employees and new demands to grow their businesses to meet an emerging future.

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.

Whether it is crazy US evangelicals or other christians around the world, none of you can meet the burden of proof.

As Dr. Tillich has pointed out, the Latin theory of the satisfaction of the divine honour through the death of Jesus has always gripped men because it meets the burden of guilt, the experience of moral failure, and the impossibility of «making up» for what we have done.

The county district attorney reportedly looked at the case and determined that Muskogee County couldn't «meet the burden of proof.»

Demanding that someone meet the burden of proof is in no way an argument from ignorance.

Please meet the burden of proof before calling another uneducated, because without proof you appear as the very insult you convey.

Muskmelon Juice Bangla Recipe This summer thirst juice or broth to meet the burden of matching pair, who are so busy this summer juice for them to find different recipes in this recipe.

This summer thirst juice or broth to meet the burden of matching pair, who are so busy this summer juice for them to find different recipes in this recipe.

Having to meet a burden of proof sufficient to go against a court predisposition is costly, time consuming and HARD.

In his decision Commissioner King says Anderson didn't «meet her burden of proof» in arguing that the Board of Education sold the building for less than market value.

Ordering that Davis not be executed, the court stated: «The defendant has met his burden of establishing his mental retardation... the cogs in the machine must come to a halt.»

Accordingly, the judge noted that the department of education and the Loudoun school system failed to «meet the burden of proof to establish an exemption» under Virginia's Freedom of Information Act [FOIA]» preventing the release of teachers» identifiable information (i.e., beyond teachers» SGP data).

Again, I have told you that I couldn't meet the burden of proof, did you read you just scan for key words?

They can't meet the burden of proof.

It is as though, in the middle of a trial, the plaintiff realizes that he does not have sufficient evidence to meet his burden of proof.

And cutting that tax would stimulate hiring and help low - income families meet the burden of new taxes on harmful activities.

First, because the plaintiff has not met its burden of production of evidence on its account stated claims.

Second, even if the plaintiff has met its burden of production, genuine issues of material fact remain for the jury to decide.

[44] In summary, the plaintiff has met the burden of proof required, albeit not by a large margin, but I am satisfied on balance that considering the potential damages that could be awarded for the plaintiff's claim and the complications raised by the minimal damage and worker - worker defence, the plaintiff had sufficient reason to bring the action in the Supreme Court of British Columbia.

The Columbia medical malpractice defense attorneys analyze each case to see if the plaintiff has met the burden of proving negligence, medical mistakes or errors in treatment, unreasonable care and injury.

Of course, if this is the case, Speech Design will have to disclose the information in order to avoid failure to meet the burden of proof.

The Panel determined that Canada had failed to meet its burden of proof with respect to its legitimate expectations as medical evidence regarding the carcinogenic properties of asbestos was extensive by that time of the Uruguay negotiations and Canada should have foreseen future acts to ban asbestos products.

The Panel found that that the United States failed to meet its burden of proving that the measures at issue were causally responsible for the inability of U.S. exporters to penetrate the Japanese market.

On appeal, the Court of Appeals had to determine whether or not Husband met the burden of proof validating the trial court's modification.

Justice Roggensack testified that the system worked correctly in the Justice Gableman case, and that the Judicial Commission did not meet its burden of proof.

[3] For the reasons elaborated upon below, I found that the Defendant / Applicant did not meet the burden of proof on the Charter application.

Famous people have to meet that burden of proof because there are accusations made against them that are not true all the time and not always for actual crimes (Ted Cruz was accused of being the Zodiac Killer during the election (mostly as humor).

reliable blood alcohol readings at a level twice the legal limit may permit inferences of incapability sufficient to meet the burden of proof; and

When these arguments are successful, the prosecution will have a much harder time meeting their burden of proof.

Within the past week the South Carolina Court of Appeals has issued two unpublished opinions reversing two family court decisions to terminate a parent's parental rights on the basis that the Department of Social Services (DSS) failed to meet its burden of proof.

In this case, however, I am satisfied that the plaintiff has met her burden of proof on this issue.

Notwithstanding the severity of the loss at the heart of this case, a severe injury does not absolve a plaintiff of meeting her burden of proof.

The Connecticut Supreme Court recently held that defendants were entitled to summary judgment in a premises liability case, finding that the plaintiff had failed to meet her burden of proving constructive notice of the allegedly defective condition.

Significantly, outside the context of the DMCA, the Copyright Act puts the initial burden on the rights holder to meet the burden of proof that an injunction is needed.

Here, the appellate court held that the wife met her burden of proof as to unconscionability.

The appellate court agreed that the fee claimants had not met their burden of showing that the loser should pay fees; no proper English legal authority was cited, and it was too late to do so on appeal.

Proper testing of surfaces and in depth analysis of multiple building codes are paramount to meeting the burden of proof.

You have the right to present a defense and are presumed by the law to be innocent unless and until the state meets their burden of proof.

Mother failed to meet this burden of proof on appeal as nothing in the record reflects any impropriety or prejudice on the part of the court.

The Arizona Court of Appeals concluded that the record did not establish Husband met his burden of proving Wife's cohabitation supported a termination of her spousal maintenance, but did conclude the trial court could consider whether Wife's cohabitation provided a basis for the trial court to decrease her spousal maintenance.

The jury in the trial court that heard this case found that the plaintiff did not meet her burden of proof and granted a verdict for the defendant.

Thus, the Court of Appeals held, he failed to meet his burden of proving these businesses were non-marital.

To meet the burden of proof in a personal injury case, a plaintiff must prove his or her claim by a preponderance of the evidence, which means that the plaintiff must present evidence that when weighed by the judge or the jury, is more convincing than the defendant's.

To meet this burden of proof, the plaintiff must provide evidence of the following four things to show that the defendant was negligent:

In our view, and with respect to the contrary opinion of the Court of Appeal, the trial judge made legal errors in his analysis of the offence and the Crown has met its burden of showing that these errors might reasonably be thought to have had a material bearing on his decision to acquit.

In order to meet his burden of proof, the plaintiff must present evidence in the form of testimony to the judge or jury.

Perhaps most importantly in this regard, we conclude that plaintiffs have more than met their burden of establishing a genuine issue of material fact as to Paladin's intent, even assuming that the First Amendment erects a heightened standard from that required under Maryland state law.