22) The first two definitions in effect are irrebuttable
presumptions--no state of facts can be adduced to rebut the presumption of control if either of these two things are shown.
Mariners Health, Case No: SC07-244, is a case that challenges the authority of the legislature to impose an irrebuttable
presumption that attorneys' fees paid by the employer/ carrier to claimant's counsel for the successful representation of a workers' compensation claimant when computed as a percentage of the benefits obtained, constitutes a "reasonable" fee.
Practically, delegation permits weak, irrebuttable
70) Dickerson (and by extension, the Seibert plurality) rejects this notion, reaffirming Miranda's irrebuttable
presumption that when the subjects of custodial interrogation give incriminating statements without first having been apprised of their rights to remain silent and to elect the assistance of counsel, their statements have been unconstitutionally compelled.
The charge itself appears to be determinative for Judge Henderson, leading to the conclusion that such a charge in this court carries with it an irrebuttable
presumption that the defendant is too dangerous to be released without conditions.
First, Congress developed irrebuttable
presumptions to distinguish debt from equity in connection with the provisions dealing with high-yield discount debentures and earnings stripping.
at 734-35 ("[The collapsible error] build[s] an inequality into the analysis ab initio [and] creates an (unconstitutional) irrebuttable
presumption that the underlying right ([e.
124) Reversing the decision of the United States District Court for the District of Vermont, the Second Circuit held that the regulation violated the due process clause because it established an irrebuttable
presumption that any pregnant marine (or service member) is permanently unfit for duty.
If the spoliation were found to be intentional, then an irrebuttable
presumption of negligence arose.
27) At least one commentator believes that the presumption has now become irrebuttable
A federal grand jury indictment on its face creates an irrebuttable
presumption that probable cause supports the charges.
While in some areas of the law the presumption has been treated as nearly irrebuttable
, (73) in other areas the courts have readily applied U.