Sentences with phrase «not met their burden»

«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.

[T] he redistricting plan illegally diluted black and Hispanic voting power in two congressional districts... The State of Texas has not met its burden in showing that the proposed congressional redistricting plan does not have a discriminatory effect.

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.

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

As a result, the court determined that the school district did not meet its burden in proving that service was improper.

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.

[29] I am mindful of the Supreme Court's admonition «to apply the framework contextually and flexibly for cases currently in the system,» but nonetheless find that the case is clearly over the presumptive threshold for cases in the Provincial Court and the Crown has not met its burden to establish the presence of exceptional circumstances... [more]

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

Id.The Forest Service has not met its burden.»)

As such, the Crown could not meet its burden to show Mr. Fountain was not reasonably diligent and had waived his rights.

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.

Upon review, the appellate court finds that Mother did not meet this burden.

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.

However, at trial, the appellant provided an «insufficient factual underpinning» to ground compensation for loss of earning capacity; the Court of Appeal found this part of the claim failed because the judge found the appellant did not meet the burden described in the Perren decision — the trial judge simply did not accept the appellant's evidence of his limitations and anecdotal evidence from other witnesses did not shore up his testimony.

The new wrinkle was plaintiffs arguing «that Defendants have not met their burden in proving impossibility because the First Amendment protects their right to communicate non-FDA approved information through other means.»

The policies, the court found, did not provide a clear definition of «owned,» and the defendants did not meet the burden of proof as to Manner's ownership of the Yamaha.

Justice Strickland, in 0871768 B.C. Ltd. v. Aestival (Vessel), 2014 FC 1047, considered whether a responding party could take the position at a hearing that the moving party had not met its burden on the motion but also submit that if the court found the burden was met, the respondent be permitted to file responding evidence later.

Not exact matches

Non-owner employees don't have to meet that burden, nor do they need to fund the employer's share of CPP premiums for themselves or forfeit EI coverage.

At the moment, the burden of paying it back is not felt much in Canada because fiscal needs can be met by borrowing more.

Mattis said the topic of North Korea dominated Trump's meeting in April with President Xi Jinping of China, North Korea's only ally, and that the US intended to make China understand that «North Korea today is a strategic burden, not a strategic asset.»

I don't think he can meet that burden.

You can't take on the additional mental burden of wondering, «Is the person I'm about to meet sexist?

The burden of meeting growing oil demand will fall on the Permian Basin in Texas and New Mexico, and Papa is not sure the region is up to the task.

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.

That order was contested at a hearing on May 13, 2014 [court transcripts available], and that restraining was dismissed and vacated for lacking evidence and not meeting the legal burden of proof [Hennepin County Case # 27 - CO-13-8209, filed May 16, 2014].

The burden of proof for going to war has not been met.

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.

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

«The burden of the consequences of Murray Goulburn's reckless actions is falling disproportionately upon dairy farming families and that's not fair,» Mr Fitzgibbon, who was in Tasmania on Tuesday meeting with dairy farmers, told The Australian Financial Review.

While Willingham used a staff meeting last spring to screen the Notre Dame documentary Wake Up the Echoes and recommended that his assistant coaches rent Rudy and Knute Rockne — All American to become better acquainted with Fighting Irish tradition, the assistants insist they won't be burdened by history.

we can't even get rid of players that have barely mannered to us for several years... which is incredibly annoying considering that our beloved owner would never risk his own financial resources whether he brought in some new blood or offloaded several failed Wenger projects for less than market value... he would simply make a little less and the burden would fall squarely on other sources of income, primarily us... I don't know about you but I would gladly use all the money they have been stockpiling to rid ourselves of those that don't meet acceptable standards and to replace them with a few higher priced gems... I know, I know, Wenger and his minions have been scouring the globe for years now to find anyone that was as good as our current lot to no avail, but I've just got to believe there must be two or three guys somewhere out there that can play this crazy game

Otherwise it becomes a burden on those lunch workers and administrators who are trying their best to meet the new regulations but just become frustrated because they didn't get the resources, tools or training to be successful.

- Making sure ordinary people do not carry the burden of meeting fiscal targets and ensuring those with the broadest shoulders bear their fair share.

According to him, individuals who can not meet the financial requirements must be identified and the Free SHS programme designed to meet their needs and «we must adopt a system where those who can afford to pay are able to pay» to free up the burden on the countries resources to be allocated to critical sectors.

'' [T] he burden in this proceeding is not on Teachout to establish residency, but rather upon the petitioners to establish by clear and convincing evidence that she does not meet the residency requirements,» said the court.

Reviewing the facts and record before them, the four justices determined that Cuomo «failed to meet [his] burden of demonstrating that Teachout did not meet the constitutional residency requirements for the office of governor.»

Assembly Speaker Carl Heastie, when announcing the Assembly plan to add tax brackets for the super rich, said it would generate $ 5.6 billion in additional revenue that would ensure «our communities have better schools, New Yorkers have better access to health care and that tax burdens do not crush those who are struggling to make ends meet.»

«By ensuring that tax rates are tailored to expect more from those who can most afford it, we can make sure our communities have better schools, New Yorkers have better access to healthcare and that tax burdens do not crush those who are struggling to make ends meet,» said Assembly Speaker Carl Heastie (D - Bronx).

The group supports the introduction of new, clearer, statutory rules on trivial benefits because it will reduce the costs and administration burdens for employers and HMRC — and also mean employees do not face an unexpected tax charge on items below # 50 and which meet other new conditions for the exemption.

These are instructive examples of the care Labour would take, and the difference Labour could make, to ensure the heaviest burden of fiscal consolidation is borne by those with the broadest shoulders, not those already struggling to make ends meet.

Lasher is running against Marisol Alcantara, a former union organizer for the New York State Nurses Association, and Robert Jackson, a former councilman who is also a plaintiff in a landmark case by the Campaign for Fiscal Equity, which argued that New York was under funding schools and not meeting its constitutional burden to provide children with a «sound basic education.»

Veterans with disabilities who honorably served their country should not bear the burden of ensuring that businesses in their communities are meeting their ADA obligations.

The appellate court ruled that the burden fell on the challengers to provide «clear and convincing evidence» that Teachout does not to meet the residency requirements — a burden that they failed to meet.

However, the market burden of meeting debt repayments doesn't in and of itself prohibit the government from leveraging itself to the hilt with debt it can (one hopes) repay.

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.

These ads lead patients to push prescriptions on their doctors by saying that they will find another physician if their request is not met, and together with the extraordinary pricing in the drug industry, they are huge burdens on the American public.

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.»

Yesterday the Supreme Court struck down a Texas law that would have forced the closure of abortion clinics that didn't meet strict requirements — requirements the justices decided (by a 5 - to - 3 margin) didn't make women any safer and put an undue burden on their constitutional right to seek safe and legal medical care.

Of course, love that's healthy will help you improve yourself; however, there's no need to burden your love with expectations that probably won't be met.