Sentences with phrase «someone meet the burden»

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.

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.

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.

I don't think he can meet that 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.

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.

«The state has met its burden in demonstrating immediate and irreparable injury,» Robart said in his ruling.

[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.

o Would reduce meeting burdens and eliminate some overlapping / unnecessary hearings and tours, to allow Members better focus on more important oversight (as consistently requested by good government advocates).

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).

(3) The employee must present information meeting this burden at the time of the verification interview.

(2) To meet this burden in the case of a substituted specimen, the employee must demonstrate that he or she did produce or could have produced urine through physiological means, meeting the creatinine concentration criterion of less than 2 mg / dL and the specific gravity of less than or equal to 1.0010 or greater than or equal to 1.0200 (see § 40.93 (b)-RRB-.

The employee must present information meeting this burden at the time of the verification interview.

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.

Smaller companies will incur proportionately higher costs in meeting the burden than their larger brethren and that means the additional regulatory burden will only ever be observable at the margin — the smaller end of the market.

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.

The Supreme Court also asked the parties to consider whether Bucklew met his burden to prove what procedures would be used for his alternative execution method, the severity of the likely pain under the alternative, and how it would compare to the state's method of execution.

The defendant argued that the plaintiff's expert failed to meet her burden because there was no evidence that the expert's opinion was based on information upon which experts in his field reasonably relied.

[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.

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

While it is clear from Nixon that a «bare allegation» on its own will not meet the requisite threshold, it does not follow that an accused must produce extrinsic evidence (i.e. evidence extrinsic from the settlement offer itself) in order to meet the burden.

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.

The responding party — here the slip and fall victim — then gets a chance to argue that their case should proceed because they have met their burden and that there are disputed facts that must be decided by the trier of fact; meaning, the jury.

[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.

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).

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

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

We use an aggressive approach right from the start and fight to make it incredibly difficult for the prosecution to meet their burden.

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

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