Tories plan faster drug approval Nov 3, 2008
The Tories would also shift the burden of proof of the effectiveness, so that it would be up to the pharmaceutical company to prove the drugs work rather than NICE to prove they do not. Mr Lansley said: "Patients in the NHS in Britain get slower access to new medicines than any other major European country. "Too often the NHS treats NICE as an excuse for delay. (BBC News -- UK)
Referee Backs Sanctioning Estate in Case Alleging 'Unconscionable' Contingent Fee Nov 1, 2008
"Because of the nature of the issues involved in these matters and the burden of proof imposed upon Graubard and the Individual Attorneys, it appears that, as a practical matter, the Dead Man's Statute will make it impossible for them to prevail in this litigation," the judge wrote in , 175/82. "Under the circumstances, it might well be appropriate to strike Ms. Lawrence's pleadings.". (Law.com)
Today on the presidential campaign trail Nov 1, 2008
The Colorado agreement places the burden of proof on state election officials. . (San Francisco Chronicle -- Politics)
Stephanopoulos: Freaky Friday Election Surprise? Nov 1, 2008
George's Bottom Line. George's Bottom Line. (The Drudge Report)
Windy, or just hot air? Oct 31, 2008
Newman then informed the board that the "burden of proof lay with the applicants insofar as the viability of wind energy as an alternate source." The burden of proof that the wind blows lay with us. I guess the wind has picked up a bit in the last two years, or maybe it's just the hot air. (Nogales International, AZ)
VDOT Addresses Drainage at Tabernacle Church while Other Parkway Issues Linger Oct 30, 2008
When asked about noise and traffic speed in front of the church, Siddiqui said the Parkway is to be signal-free in this area, leaving the burden of proof on the church. Funding would be needed for traffic analysis, and even if funding is found, the analysis is targeted at the Fullerton/Rolling Road intersection and the impact of one ramp at Boudinot Drive. (South County Chronicle, VA)
Spending On Diabetes Drugs Rising Oct 29, 2008
"Given that we have less experience with the newer drugs on the market and given their greater costs, I think the burden of proof is for the newer drugs to be demonstrated as worth the money.". Diabetes Drug Costs Growing. (CBS News)
Foreign preachers of hate to be banned from UK Oct 28, 2008
Currently, the burden of proof lies with the authorities, who must show that alleged extremists still hold the views ascribed to them. Those accused of advocating illegal action may also have to make a public statement of their support for democracy if they want to stay in Britain. (Telegraph.co.uk)
Courts cannot invoke contempt powers arbitrarily: SC Oct 27, 2008
While contempt of court is a matter which had to be dealt with all seriousness, the burden of proof should be upon the person who made such an allegation, it said. "The purpose and object of initiation of a proceeding under the provisions of the Act (contempt) is only to see that the order of the court is complied with and not to necessarily proceed against persons as if they are petty criminals," a bench of Justices S B Sinha and Cyriac Joseph observed. (Press Trust of India)
Long jail terms for cartel operators Oct 27, 2008
October 27, 2008 03:35pm AEDT. CORPORATE leaders convicted of cartel conduct will face jail terms of up to 10 years under new laws that double the expected penalty. (The Australian)
Doctors' Testimony Enough to Prove Workers' Comp Claimant Faking Oct 25, 2008
But Leavitt said Folmer's symptoms have no objective support and that an employer would be powerless to meet its burden of proof if the only way to show physical recovery from injuries that can't be seen was for the claimant to acknowledge the improvement. Leavitt said the case boiled down to the WCJ's determination of which side's experts were most credible. (Law.com)
ISU journalists adapt to changing technology Oct 25, 2008
" Michael Bugeja, director of the Greenlee School of Journalism, said the issue at stake is trust in the news content. For news media to thrive, they must build audience trust as they ramp up the technology propelling their words and images onto new platforms. The Pew survey showed credibility ratings for most major news organizations are either flat or have slipped since 2004, and Bugeja said he knows why. "Under the lens of online news, the issue of trust is magnified by sheer numbers and... (Mid Iowa Enterprise, IA)
Troopergate doesn't faze Palin approval rating Oct 25, 2008
jp to more of same wrote on Oct 24, 2008 12:35 PM:" exactly my point. now they have the burden of proof that she knew about it.if she truly knew about it, then there would be an issue, but if she did not, the outcome would be completely different.how does one prove knowledge of an act? the best defense is the 5th amendment, and the miranda right to silence ". MAXKATT from NY wrote on Oct 24, 2008 12:00 PM:" USAF SGT...ah yes. How ironic that this political candy (Palin) reminds us of another... (Wasilla Frontiersman, AK)
Nursing home back under scrutiny after sexual abuse claims Oct 24, 2008
"There are lots of incidents that you don't find out about and some that don't satisfy the burden of proof in court," Ms Attard said. "A lot of women with dementia are just not trusted because people don't believe you could sexually assault someone with a disability.". (Sydney Morning Herald -- Australia)
Favre says he didn't tell secrets out of school Oct 23, 2008
Municipal Judge James Sweet said, "I just don't think the city has met its burden of proof.". Copyright 2008 Globe Newspaper Company. (Boston Globe)
Dan Payne: Maverick to misguided renegade Oct 23, 2008
The burden of proof is on the challenged voter, who has two days to prove his or her right to vote. Bad lists. (Boston Globe)
SurgiCount's Safety-Sponge System Reaches 200,000th Procedure Milestone Without a Reported Retained Sponge Oct 23, 2008
"In today's 'never event' environment, the burden of proof rests with the medical institution to not just deliver a higher standard of care, but to prove it by showing evidence of successful outcomes," said Bill Adams, CEO of SurgiCount Medical. "The momentum being created by the continuing success rate of the Safety-Sponge System, combined with the increased pressure on hospitals to eliminate retained sponges, leads us to believe the company is very well positioned for aggressive growth going... (PR Newswire)
Justice served? Family, lawyer question handling of rape case Oct 23, 2008
A preponderance of the evidence is a much less burden of proof to meet than the State s burden of proof of beyond a reasonable doubt. In Reyna s statement to law enforcement he stated that the child told him she was almost 17 years old. (Ellensburg Daily Record, WA)
Ken Stabler acquitted in DUI case in Alabama Oct 23, 2008
"I just don't think the city has met its burden of proof," Sweet said. Stabler, 62, was driving north at 12:32 a.m. when officer Tyler Kane stopped him, according to testimony. (Muscatine Journal, IO)
Review could restrict immigration crackdown Oct 21, 2008
But the tactic is under attack from critics, and the split among appellate courts over the government's burden of proof in aggravated identity theft cases has prompted the Supreme Court review. An adverse ruling probably would not affect the government's ability to charge aggravation in non-immigration identity theft cases. (Boston Globe)
LETTERS: NCT, Oct. 2008 Oct 21, 2008
In other words, for raoul, if a black person has made an accomplishment, the assumption is that it was a gift rather than earned and that the burden of proof that it WAS earned is all on the black person. This is pure and simple racism. (North County Times)
Republicans continue to try and stop people from voting Oct 21, 2008
First, the Montana Republican Party challenged more than 6,000 legally registered voters without meeting the burden of proof. This intimidation tactic created a lot of consternation among voters and election officials until the GOP withdrew the challenges in the wake of widespread outrage and condemnation across Montana, as well as a lawsuit. (Missoulian, MT)
Tsatsu Tsikata: The Supreme Court's Nightmare! Oct 21, 2008
With the burden of proof now squarely on our justices, they better come out with very good, cogent reasons for dismissing Mr. Tsikatas application. Who really wants to see our Supreme Court as one of those tainted and conflicted national institutions like the Police, SFO, CHRAJ, the Presidency, Parliament etc. (Ghana Web, Ghana)
CapX 2020 getting more attention Oct 21, 2008
For the past year, officials have been working on submission of the Certificate of Need with the PUC, which has been submitted and is now in the hands of the PUC. That entity is currently looking over the proposal to determine if the 11-utility consortium has met the burden of proof that there is a need for increased electrical generation in Minnesota. That decision has not been made and honestly still could go either way based on the facts presented, said Bob Cupit of the PUC who was in... (Redwood Falls Gazette, MN)
Supreme Court may review immigrant prosecutions Oct 20, 2008
But the tactic is under attack from critics, and federal appellate courts are divided over the government's burden of proof in aggravated identity theft cases, a dispute that reached the Supreme Court on Friday. The justices debated whether to take two cases that could determine whether prosecutors can continue to bring the charge in federal courts, where immigration prosecutions are at record levels. (Boston Globe)
Confession complicates child murder case Oct 20, 2008
Anchorage Daily News. Get your sightings in while you can, the season's almost over. (Anchorage Daily News)
Malik Baako: NDC is full of cowards Oct 20, 2008
Asked if the burden of proof lied on the accused, Mr. Ofori said "it is debatable, depending on the nature of the case, the burden of proof could change.". He challenged the president to carry out its court action and the NDC would respond appropriately. (Ghana Web, Ghana)
Teacher's lapse penalizes student Oct 18, 2008
Or she could hand out receipts -- the cashier's approach, rather than that of the courtroom -- and thereby shift the burden of proof to the students. A woman I hired to do simple gardening comes weekly and, when school is out, brings her kids. (OregonLive, OR -- Living)
Three convicted in McMynn kidnapping Oct 18, 2008
Robert McMynn, the father of the victim, said outside the courtroom that he shared the joy of the Vancouver police and RCMP involved in the rescue of his son that three men were convicted but added that his burden of proof would be far less than Silverman's. "I truly believe that the other two were as involved as the three convicted. From my point of view, the burden of proof in our law courts very much favours the criminal, not the police department.He added: "My only consolation is that the... (The Province)
Two guilty of confinement, kidnapping of wealthy B.C. businessman's son Oct 18, 2008
"I don't share the same conviction with the police department that they were happy with that result. My burden of proof would be far less than the judges and I truly believe that the other two were as involved as the three convicted.". Graham McMynn works for software giant Microsoft in the United States and was not in court for the verdict. (Globe and Mail)
Intimate lawsuits: From bedroom to courtroom Oct 17, 2008
$7 online stock trades. A recent spate of cases pits former partners against each other over STDS. (MSNBC -- Health)
Mystery of lost bees points to pesticide Oct 17, 2008
"It puts the burden of proof more on people who market pesticides to show that the claim is unfounded. Here you have to show proof of harm.". Mendes, Hackenberg and others in the beekeeping industry met with Environmental Protection Agency officials in September to discuss the issue. (The Palm Beach Post)
U.S. FCC to mull Verizon, Sprint deals; white space Oct 16, 2008
(10/15/2008 5:31 PM EDT). WASHINGTON U.S. communications regulators Wednesday (Oct. (EETimes)
Master pollster predicts McCain will win Duval Oct 14, 2008
"The question this year is, 'Who is this young man? Who is Obama?' The burden of proof is on him.". Zogby's thoughts on the Duval County vote came after a speech about public opinion he gave Monday to the World Affairs Council of Jacksonville. (Florida Times-Union)
OCEANSIDE: Big rent increase sought for mobile home park (2372) Oct 10, 2008
Like the article reads, burden of proof of the return must be proven from the owner. I hope the residents fight succeeds. (North County Times)
Typos and Errors Lead to Slashed Fees for Attorney Oct 8, 2008
Puricelli, in post-trial motions, urged Ditter to grant a new trial on the excessive force claims, arguing that the jury received faulty instructions on the law from Ditter that left them confused about the plaintiffs' burden of proof. In denying that motion, Ditter wrote: "There is every indication that the jury just flat out did not believe what Timothy [McKenna] and his witnesses said about excessive force.". (Law.com)
Judge sends Clark commitment case to trial Oct 8, 2008
In his announcement, the attorney general pointed out that a petition is only an allegation, that Clark is presumed not to be a sexually violent person unless and until proven in judicial proceedings to be a sexually violent person and that the state bears the burden of proof at trial. A status conference in the case is currently scheduled for Nov. 6. (Chippewa Falls Chippewa Herald, WI)
Legislative staffers testify on work Oct 8, 2008
Attorneys for Mr. Veon and defendant Brett Cott, a former policy analyst, said they waived their rights because preliminary hearings have a low burden of proof and because they didn't want the hearings to affect the outcome of the presidential and statewide elections on Nov. 4. The waivers raised early suspicions that some of the defendants cut deals in exchange for cooperation. (Pittsburgh Post-Gazette, PA)
Supreme Court rules on local speeding ticket Oct 8, 2008
In its order published Wednesday, the Supreme Court found the burden of proof fell to Downs to show relevancy of an engineering study to the posted speed limit and she did not do so. The Court concluded Downs did not overcome the presumption that the posted speed limit was valid and that the District Court did not err in its finding of her guilt. (Seacoast New Hampshire)
No Charges Against S.F. Holdup Suspect Oct 7, 2008
"The people were not able to sustain the burden of proof," prosecutor Kimberly Williams told the judge. Blay did not walk free, though. (San Francisco Chronicle -- Crime)
Pa. legislative corruption case heads to court Oct 7, 2008
legislative corruption case heads to court. A preliminary hearing scheduled to last several days will determine whether prosecutors have enough evidence to proceed with the trial of former House Democratic whip Mike Veon, state Rep. (Somerset Daily American, PA)
Bozeman commission ponders stoplight cameras Oct 6, 2008
"We don't impose the same burden of proof in a civil matter," King-Ries said. "I'm assuming (Bozeman police) were trying to get around that by using the civil side." In criminal cases, the burden of proof is beyond a reasonable doubt, while in civil cases it's a preponderance of evidence. (Montana Standard, MT)
Four-way stop coming to Glidden-Bethany Oct 3, 2008
The burden of proof that the county had to show is that there were five vehicle accidents within the last 12 months that could have been prevented by a 4-way stop, Lorence said. He said that though stoplights may be a greater preventative, it may take years to show the burden of proof required for that measure. (DeKalb Daily Chronicle, IL)
Plastics in Our Diet: The Need for BPA Regulation Oct 3, 2008
Typically the burden of proof is on the regulators to show that synthetic molecules are dangerous to human health or the environment ... The reason is that they maintain an unrealistically high burden of proof. (Scientific American)
The Road to Avatar Oct 3, 2008
With regards to imports, the burden of proof regarding their emissions will be on the importer, to standards we set, otherwise they will be given a penal tariff value ... Adrian: 1) "With regards to imports, the burden of proof regarding their emissions will be on the importer, to standards we set, otherwise they will be given a penal tariff value." -- I'll believe THAT when I see it get past the theological neo-cons presently setting government policy. (Energy Pulse, CO)
Appeals court orders Chicago cop released Oct 3, 2008
In its ruling, the appeals court found that prosecutors did not meet the burden of proof, and that there was no testimony to support Ackley s findings. "After being pushed and knocked backwards two or three times, there was nothing in the record to indicate Michael could have avoided Gothard s next blow, without his defensive punch," the ruling said. (Waterloo-Cedar Falls Courier)
Infliction of Fear: What Battered Women Know Oct 3, 2008
However, Judge Joseph O'Reilly determined that he did not find the burden of proof that violence occurred, and did not issue the order ... Again, the burden of proof' was on the victim ... Yet, as is evidenced in the tragic death of Dorene Seidl, the system failed in offering a protection that she had a legal right to secure, simply because the victim did provide a burden of proof' to the court's satisfaction. (Russellville News Democrat Leader, KY)
DCIU adjusting to right-to-know rules Oct 3, 2008
Puppio said the prior standard put the burden of proof of need on the party requesting a document. The new law essentially requires access to information by schools, municipalities and other public entities on request. (The Delaware County Times, PA)
Cadbury says Chinese-made products questionable Oct 3, 2008
"Of course it's always good to have evidence rather than just speculate, but we will have to shift the burden of proof to them because our duty is to protect public health," said Philippine Health Secretary Francisco Duque III in laying out the new regulations. . (Atlanta Journal-Constitution -- Business)
Notebook: Some unbeatens are untested Sep 25, 2008
This is a "burden of proof" weekend for the group. Six of those teams face "Big Six" opponents with winning records, and Oklahoma State faces 2-1 a team that blasted the Cowboys 41-23 last season. (Minnesota Sports -- Rivals.com)
Custody Setback Sep 24, 2008
The court found that Stone "failed to meet her burden of proof." The couple previously had joint custody, but Stone refused to move to San Francisco where Roan could be near Bronstein. She retains custody of Laird and Quinn, the two boys she adopted by herself. (New York Post -- Gossip)
Stone loses physical custody of son Sep 24, 2008
According to documents detailing a custody hearing earlier this month, Bronstein "shall have permanent sole physical custody of child. (The) court finds that respondent Sharon Stone failed to meet her burden of proof and denies respondent's (Stone's) request for modification of custody.". The new records, obtained by news magazine show Entertainment Tonight, reportedly note the order is permanent unless there is a change of circumstances. (WOKR13 Rochester)
NCT: LETTERS, Sept. 23, 2008 Sep 24, 2008
there goes raoul again wrote on Sep 23, 2008 10:39 AM:Raoul reiterates his basic, core claim: that if a black man accomplishes things as Obama did at Harvard, the burden of proof is on that black man to prove to us all that every grads, every exam, every award, and every appointment was not given to him for his color. (Yet raoul will defend Bush's college and military careers and brag about him to us. (North County Times)
Burden of proof Sep 24, 2008
com College Football - Notebook: Some unbeatens are untested. College Football: Rivals. (Notre Dame Sports -- Rivals.com)
Local roots: Sep 22, 2008
But now, the burden of proof lies on those who make the law to prove that there's not only some purpose behind the law, but a vital purpose and that the law is specially made to fit that purpose, he said. That thinking, he said, was key to striking down discrimination laws in the decades that followed. (San Diego Union-Tribune)
The Palin/McCain ticket Sep 21, 2008
The Norfolk Electoral Board statement reads: Although the revised policy guidelines places the burden of proof of residence with the person asserting it, the policy allows students to claim residence in Virginia unchallenged. Firestorm s erupted in a few other Virginia college towns this month - including Blacksburg with Virginia Tech - over college student registrations, particularly those of out-of-state students. (Atlanta Journal-Constitution -- Opinion)
Wash. state man denies role in Nazi crimes Sep 18, 2008
The government, Gibbs argues, has an extraordinarily high burden of proof in trying to strip someone of citizenship and must meet it with "clear, unequivocal and convincing" evidence. A hearing will be held next month on the case. (MSNBC -- Crime)
Golf course stays open space, for now Sep 18, 2008
But council members were unanimous in the view that the owners did not meet the burden of proof for altering open land. "There is other industrial land within this part of town that is available," Mayor-elect Sam Adams said. (OregonLive, OR -- News)
City council reaffirms Seivert dismissal Sep 18, 2008
According to his attorney, Philip G. Villaume, Seivert believed the city had the burden of proof to provide just cause for dismissing him, and that Seivert's goal in calling the meeting was to be reinstated as police chief, with compensation of approximately 49,092 in back pay and restoration of benefits. During the Oct. 17, 2007 termination hearing, several members of the Sleepy Eye Police Department brought forward complaints about Seivert concerning alleged inappropriate off- and on-duty... (Sleepy Eye Herald Dispatch, MN)
R. Kelly Speaks Out About Child-Pornography Trial For First — And Possibly Last — Time Sep 18, 2008
However, with that statement, Kelly failed to distinguish the difference between not guilty and innocent no jury has the power to declare anyone innocent, only the power to say that the state did not meet its burden of proof to find someone guilty beyond a reasonable doubt. And in this particular case, the members of still had some doubts. (VHI.com -- Music News)
Driver Accused Of Fatal Puyallup Hit-And-Run Back In Custody Sep 17, 2008
He is the registered owner of a car that was involved in an accident," said Jensen's attorney Jay Berneburg. "The state has the burden of proof, they have to prove their case beyond a reasonable doubt, they do it with admissible, lawfully obtained evidence, and when we're confronted with that, we'll deal with it when we get it. "Police said Crime Stoppers is posting a $1,000 reward for information leading to Ripple's arrest. If you have that information call Crime Stoppers or Puyallup... (KIRO TV, WA)
Top lawyer sues WA govt over suspect tag Sep 17, 2008
September 17, 2008 - 3:47PM. Prominent Perth barrister Lloyd Rayney is suing the West Australian government after police named him as the prime suspect in his wife's murder, resulting in his mail being scrawled with the word "killer" his lawyer says. (The Age)
Superior Court Judge Rules in Favor of St. John in Lawsuit Sep 17, 2008
"The memo stated that Mr. Perrotti failed in his burden of proof for the following reasons."Prior to 1987, the defendant was a close, personal friend of the plaintiff and his family," the memo stated. "Until 2004, the defendant was described as an extended part of the Perrotti family. "In 1987, Mr. St. John rented a cottage in Rhode Island during the summer and extended an open invitation to Mr. Perrotti, who was 17, and others to visit the college."At the cottage that weekend were the... (Voices, CT)
The Big Chill Sep 17, 2008
However, 23 copies that found their way to England provided sufficient grounds for Mafouz to file suit in the UK. He chose that country because its libel laws are plaintiff-friendly: the burden of proof in America requires a complainant to prove that the author wrote something knowing it was false. For public personalities, such as Mafouz, he d also have to prove that the author acted maliciously. (Human Events Online)
Executions kill any chance to correct possible injustice Sep 16, 2008
The burden of proof was circumstantial by all admission: no physical evidence of any description, no weapon, no fingerprints, no DNA. The conviction was made from the least reliable source: eyewitness accounts. Nine claimed to have seen Davis commit the crime. (Atlanta Journal-Constitution -- Opinion)
