N.J. Hormone Replacement Drug Suits Dismissed Jul 15, 2008
Superior Court Judge Jamie Happas, the designated judge for all N.J. cases alleging hormone replacement therapy (HRT) drugs caused breast cancer, ruled Friday that the state Products Liability Act's rebuttable presumption of adequate labeling applied and that the plaintiffs failed to surmount it ... Since the PLA was enacted in 1987, courts have held some sort of intentional misconduct is needed to overcome the rebuttable presumption, under N.J.S.A. 2A:58C-4, that warnings or instructions... (Law.com)
Legislative floor actions Apr 17, 2008
SB 184 SELF DEFENSE (Buehrer) To provide a criminal defendant who properly establishes the affirmative defense of self-defense or defense of another with immunity from civil liability for damages related to the acts of self-defense or defense of another and to create a rebuttable presumption that a criminal defendant who raises the affirmative defense of self-defense or defense of another acted properly if the defendant or the person defended by the accused was suffering or was about to suffer a... (Cleveland.com -- News)
Today in the Legislature: Wednesday, Feb. 20, 2008 Feb 21, 2008
HB1100 to create a rebuttable presumption against the award of custody to any person with a proven history of domestic abuse. The Senate and House convene at 2 p.m.. (Rapid City Journal, SD)
Judges findings could show sanctions law invalid Jan 16, 2008
And it stipulates that any firm which uses that program has a rebuttable presumption it did not break the law. Moffa said one problem is that state judges, reviewing complaints against employers, cannot legally determine themselves if a worker is in this country legally. (Sierra Vista Herald, AZ)
Sanctions law begins Tuesday Dec 30, 2007
"If you use it, you have a 'rebuttable presumption' that the employee is legally authorized to work," Zweig said. Maricopa County Attorney Andrew Thomas says he will begin investigating complaints of illegal hiring immediately. (AZCentral -- News)
Lead Plaintiff Named Despite 'Sloppy Drafting' of Papers Dec 27, 2007
Similarly, he concluded, PSLRA 78u-4(a)(3)(B)(iii)(I) creates a rebuttable presumption that the plaintiff with the "largest financial interest" is the most capable of representing the interests of the class's individual members. Johnson was represented by Jules Brody of Stull Stull. (Law.com)
Law Firms Face New Rules on Retirement Nov 28, 2007
Pillsbury Winthrop in April decided to get rid of the provision in its partnership agreement that, in general, created a rebuttable presumption that when lawyers turned 65 it was time for them to give up full equity status. In light of the firm's decision, Johnson has worked with other firm leaders to devise a system that provides flexibility but holds attorneys accountable for their contributions. (Law.com)
6 comments Nov 28, 2007
The Illinois Domestic Violence Act includes "a rebuttable presumption that awarding physical care to respondent would NOT be in the minor child's best interest.". The Illinois Domestic Violence Act requires that a petition for an order of protection be expedited, and judges typically allot only 15 or 20 minutes to each case, which is not enough time to hear all the relevant evidence. (Human Events Online)
Judge weighs sanction law challenges Nov 15, 2007
He also argued the law still has an element of illegal government coercion because companies which run the computer checks are entitled to a rebuttable presumption they did not knowingly hire undocumented workers. He said businesses, fearing loss of licenses, will feel compelled to use the E-Verify program. (Sierra Vista Herald, AZ)
New provision to employer sanction initiative added Oct 27, 2007
It requires firms to use the federal government s E-Verify system to check the legal status of new workers and provides a rebuttable presumption an employer who has done that is not breaking the law ... It requires firms to use the federal government s E-Verify system to check the legal status of new workers and provides a rebuttable presumption an employer who has done that is not breaking the law. (Douglas Daily Dispatch, AZ)
Woman says law not followed in kidnapping case Oct 20, 2007
District Attorney Emily Redman said Caitlin's Law creates a rebuttable presumption that public safety cannot be guaranteed by bail conditions placed on a defendant, but the statute does not remove a prosecutor's discretion to recommend bond. According to authorities, Sterling had no criminal background prior to the first kidnapping charge. (Durant Daily Democrat, OK)
Starting all over again: How a paralyzed woman chose to rise up and live her life Oct 7, 2007
Oregon administrative rules have set a rebuttable presumption that damage settlements are medical unless the recipient provides evidence to the contrary, Fredericks said. How does someone rebut this presumption. (Corvallis Gazette Times, OR)
Foes of employer-sanctions law plead the 4th Sep 7, 2007
"But what you lose is your rebuttable presumption, your ability to go into court with a legitimate defense," he said. That refers to a section of the state law that says any company that uses the federal program is entitled to a rebuttable presumption of innocence. (AZCentral -- Business)
Richardson pledges benefit boost for first responders Aug 28, 2007
Richardson also proposed creating a "rebuttable presumption" for those suffering from heart or lung disease, some cancers and infections, arguing that such medical conditions are job-related and making it easier to collect benefits. "Studies show what we have known all along: Firefighters are far more likely than other Americans to contract these illnesses because of the hazards inherent to their jobs," Richardson said. (Muscatine Journal, IO)
Employers concerned over being 'caught' using database Jul 26, 2007
Glenn Hamer, president of the Arizona Chamber of Commerce and Industry, said Tuesday he wants the new law to include an "irrebuttable presumption'' that firms which use the Basic Pilot Program did not knowingly hire undocumented workers and cannot have their state licenses suspended.But Rep. Russell Pearce, R-Mesa, said that is not only unnecessary but actually would eviscerate the law he crafted. He said it would provide "amnesty'' for dishonest companies to "game the system'' by accepting... (Douglas Daily Dispatch, AZ)
Governor Napolitano signs bill banning hiring of illegal immigrants Jul 3, 2007
And he noted that employers are not only required in this law to use a federal database to check the legal status of new hires but that companies which use it have a rebuttable presumption that they have complied with the law. You ve got to go out of your way to be punished, he said. (Sierra Vista Herald, AZ)
Ethics, court openness measures run out of time; gas zone pricing stumbles for 3rd straight year Jun 8, 2007
The measure, which came under heavy fire from the Connecticut Conference of Municipalities, would have created a "rebuttable presumption," meaning municipal or state government would face the burden of proving that an employee seeking benefits didn't contract a certain illness on the job. Among the illnesses listed in the bill were hepatitis, meningitis, and tuberculosis. (Journal Inquirer, CT)
Democrats advance plan calling for probation, protective orders Apr 19, 2007
The original Lieber plan created "a 'rebuttable presumption' that when parents discipline their children, they are abusers," said Meredith Turney, CRI's legislative liaison. While that has been modified, the plan still should be unacceptable to Californians, she said. (WorldNetDaily)
Opposition grows to hiring penalties Apr 5, 2007
Companies that use the federal program would get one automatic boon: The initiative provides these firms a "rebuttable presumption" that those they hire are legal, essentially a legal defense should an undocumented worker be found on the payroll. The Legislature still could approve the House-passed measure, but Pearce said he isn't holding his breath. (AZCentral -- Business)
Lerach's Bid for Lead Counsel Status Rejected in Comverse Class Action Mar 6, 2007
"As such, the Menorah Group should be appointed lead plaintiff under the PSLRA's rebuttable presumption in favor of the movant with the largest financial interest," he said. Patrick V. Dahlstrom, a partner at Pomerantz Haudek, said this decision "significantly clarifies" the standards for appointment of lead plaintiffs in securities fraud class actions. (Law.com)
Pro-family group says proposal still classes discipline as abuse Feb 24, 2007
The Lieber plan "creates a 'rebuttable presumption' that when parents discipline their children, they are abusers," said Meredith Turney, CRI's legislative liaison. "The government is basically telling parents that when they use responsible discipline in training their children, they are the criminals. "Discipline is used to protect children from disobedient behavior that could harm them. (WorldNetDaily)
Parents who use careful swat classed same as child abusers Feb 23, 2007
AB755 threatens the right of parents who spank with an open hand, and openly criminalizes good parents, mostly mothers, who use a little stick or switch or paddle to correct willful, defiant misbehavior of their own children," he said. The bill lumps parental discipline into the same class as child abuse. It creates new precedent by dictating that: "if the infliction of physical pain or mental suffering occurred as a result of any of the following, then there is a rebuttable presumption that the... (WorldNetDaily)
Spanking ban abandoned Feb 23, 2007
The measure proposes a "rebuttable presumption" that certain acts against children under 18 are unjustifiable, including throwing, kicking or hitting them with a cord or other instrument. For children younger than 3, Lieber's bill will target vigorous shaking and the act of hitting or slapping on the head or face. (Scripps Howard News Wire)
Senate grapples with Bennington office building issues Feb 15, 2007
The Vermont State Employees Association union wants to make it a "rebuttable presumption" in a workers' comp case that the disease was caused by working in the building. "As a matter of public policy, it is better to presume that causation exists, in recognition of the difficulty of proving (the cause)," said Mike Casey, general counsel for the union. (WCAX.com, VT)
Don't Let Groundbreaking Sick-Leave Law Become a Headache Feb 9, 2007
Taking or threatening to take adverse action, including discharge, demotion, suspension or discrimination against an employee within 90 days of the employee's exercise of paid sick leave rights, will raise a rebuttable presumption that an adverse action was retaliatory. Enforcement. (Law.com)
Room to Grow in Revised Administrative Rules Feb 8, 2007
Revised ATCP 50 contains a provision that provides a "rebuttable presumption" that a farmer is in compliance with this rule if he is following a plan that meets all of the requirements contained in the rule. This is an affirmative statement that if farmers comply with a plan that meets the ATCP 50 standard, then the farmer is deemed to be in compliance with this administrative rule. (Agri-View, WI)
ATM users make easy targets Jan 27, 2007
COMPLIANCE with the entire statute constitutes a rebuttable presumption that the financial institution has not breached the standard of care. A FINANCIAL institution may still be found negligent for the continued operation of an ATM that sustains repeated criminal attacks, even if the ATM complies with the statute. (The Star Online, Malaysia -- News)
DATCP Board Approves Nutrient Management Rule Jan 21, 2007
A lot of it is common sense," he added.Mike Wehler told the board he was pleased with the recent changes to the rule "including the rebuttable presumption language. The addition of this language is good for Wisconsin livestock producers who farm in compliance with this standard. (Agri-View, WI)
Ark. House OKs ban on child custody for sex offenders Jan 20, 2007
Dawn Creekmore, D-East End, says there is a "rebuttable presumption" that it is not in the best interest of a child to be placed with a sex offender. The House voted 98-0 in favor of the measure. (Pine Bluff Commercial, AR)
• Arguing impact of Measure 3 Nov 2, 2006
Instead of your definition of joint custody as "equal time sharing by the parents," the measure actually says, "Joint physical custody of the children is defined as a 'rebuttable presumption' of equal time sharing by the parents" (emphasis is mine). You also quote Pastor Schauer as saying , that "The proposal allows divorced parents who may want to change their custody arrangement to demand a hearing to determine whether their former spouses are fit parents". (Bismarck Tribune, ND)
Eastland allowed to remain on ballot Oct 20, 2006
"The Supreme Court has said that filing homestead exemption presents a rebuttable presumption of residence," Blount said. Jim Herring, state Republican Party chairman, sat in on this morning's meeting. (Greenwood Commonwealth, MS)
Candidate wins residency dispute Oct 15, 2006
In a 20-page ruling yesterday, the board said that while state law on voting residency is not clear, an administrative rule says that "when a person has more than one residence, if a person maintains a homeowner's property tax exemption on the dwelling of one of the residences, there shall be a rebuttable presumption that the residence subject to the homeowner's property tax exemption is that person's residence.". Because Say claims property tax exemption on his Palolo Valley home, it is his... (Honolulu Star-Bulletin)
Finkelstein, Thompson & Loughran Files Class Action Lawsuit Against Meade Instruments, Inc., John C. Diebel and Steven G. Murdock Sep 28, 2006
The securities laws create a rebuttable presumption that the plaintiff with the largest financial interest in the litigation is the most adequate to serve as a lead plaintiff. Finkelstein, Thompson ran has spent almost three decades delivering outstanding representation to institutional and individual clients in connection with securities and other finance-related litigation, and has been appointed as lead or co-lead counsel in dozens of shareholder class actions. (PR Newswire)
GOP challenges residency of Senate candidate Sep 28, 2006
Hederman points out in his letter a ruling in a case from 1996 in which the Mississippi Supreme Court ruled "there is a strong but rebuttable presumption of residency in the county where the homestead exemption is filed.". Hederman wrote, "We know of no evidence to rebut the presumption of residence established by these current homestead exemptions. Certainly, there is no evidence which would support a conclusion that either Mr. McMillan or Mr. Eastland has been an actual resident of Senate... (Greenwood Commonwealth, MS)
Michigan Gov. Granholm Signs Self-Defense Bills Jul 21, 2006
The law also creates a "rebuttable presumption" -- a legal advantage that assumes, unless there's strong proof to the contrary, that people honestly and reasonably believe they face death, rape or great bodily harm when someone breaks into their home. The presumption won't apply in domestic violence situations, disputes involving the police and if people using the force are breaking the law. (Fox News -- Politics)
• Letter to the Editor - Children's welfare is the key Jun 28, 2006
Read the language: Joint physical custody of the children is defined as a rebuttable presumption of equal time sharing by the parents. As I understand it, the rebuttable presumption part means someone has to be declared unfit. (Bismarck Tribune, ND)
Whirlpool-Maytag deal gets antitrust approval Mar 30, 2006
"That initial presumption is a rebuttable presumption, not a conclusion," Barnett said. Continued. (ABC News -- Wire)
N.J. Court Opens Door to Accutane Suits by Out-of-State Users Mar 10, 2006
Since New Jersey's statute says that companies with FDA approval have only a rebuttable presumption against liability, the state is a far more plaintiff-friendly forum and last week's ruling, in Rowe v. Hoffmann-La Roche, A-4522-03T3, could invite more Accutane suits. However, one judge dissented, which gives Hoffmann-La Roche an automatic right to appeal to the state Supreme Court. (Law.com)
USPTO Proposes Limiting Continuations Jan 9, 2006
78(f)(1) above, there will be a rebuttable presumption that the nonprovisional application contains at least one claim that is not patentably distinct from at least one of the claims in the one or more other pending or patented nonprovisional applications. In that case, the applicant in the nonprovisional application must either: (1) rebut this presumption by explaining to the satisfaction of the Director how the application contains only claims that are patentably distinct from the claims in... (Blawg)
Blawg Review #39 Jan 9, 2006
78(f)(1) above, there will be a rebuttable presumption that the nonprovisional application contains at least one claim that is not patentably distinct from at least one of the claims in the one or more other pending or patented nonprovisional applications. In that case, [etc. (Blawg)
