The post How the BVA misapplies the Presumption of Soundness. appeared first on Attig | Steel, PLLC.
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- Rebutting a statutory presumption Rebutting a statutory presumptionHutnik v Kelly, 37 AD3d 346 New York City police officer John Hutnik applied for accident disability retirement benefits pursuant to Section 207-k of the […]
- Supreme Court of Canada Decision: Constitutional Law – Presumption of Innocence Read more detail on Recent Law Librarian posts -
- Second Circuit Reiterates: Defendants Must Satisfy Burden of Persuasion Through a Preponderance of the Evidence to Rebut Basic Presumption in Securities Fraud Class Actions The Second Circuit, in keeping with its recent decision in Waggoner v. Barclays, reaffirmed that defendants must satisfy the burden of persuasion by a preponderance of the evidence to […]
- Don't Despair: Even Without a Presumption of Irreparable Harm You Are Still Likely to Win a Preliminary Injunction in Copyright Litigation after Establishing a Likelihood of Infringement Plaintiffs seeking a preliminary injunction in copyright or trademark infringement cases have long benefited from a presumption of irreparable harm that followed a showing of a likelihood […]
- 9th Cir. overturns another copyright injunction because eBay nixes presumption of irreparable harm Putting an exclamation point on a recent panel ruling that eBay, Inc. v. MercExchange, L.L.C., 547 U.S. 388 (2006) overrules prior 9th Circuit precedents that a showing of likely success […]
- Guest Post: Second Circuit Holds Defendants’ Fraud-on-the-Market Presumption Rebuttal Need Not Be Conclusive In the following guest post, attorneys from the Paul Weiss law firm take a look at the Second Circuit’s January 12, 2018 decision in Arkansas Teacher Retirement System v. Goldman Sachs […]
- Baradaran on Due Process, Predictive Justice and the Presumption of Innocence Shima Baradaran (Brigham Young University - J. Reuben Clark Law School) has posted Due Process, Predictive Justice & the Presumption of Innocence on SSRN. Here is the abstract: The […]
- 9th Cir.: After eBay v. MercExchange, Perfect 10 not entitled to presumption of irreparable harm for Google copyright infringement In the latest installment of the long-running litigation between Perfect 10 and Google over Perfect 10's copyrighted model images, the 9th Circuit affirmed the denial of a preliminary […]
- Hawaii to decide first of its kind LGBTQ presumption of parentage case The Hawaii Supreme Court is listening to arguments in a significant LGBTQ case, involving legal parenthood. The case involves a lesbian couple, where one of the women sought out a sperm […]
- PRESUMPTION OF JOINT LEGAL AND PHYSICAL CUSTODY & EVIDENCE OF DOMESTIC VIOLENCE The DC caselaw as well as the Statutory language both are consistent on equality among parents when it comes to granting physical and legal custody and the presumption is well rooted. […]