While rejecting the first four of the arguments, the court agreed that India still has to do more to prove a prima facie case
against the accused.
In his view, a prima facie case
has been made by the prosecution in respect of all the charges against Baffoe-Bonnie, William, Alhaji Salifu, and George, sufficient enough for him to call on them to open their defence.
On the pretext element, Deyoe said that once an employer rebuts a plaintiff's prima facie case
, it's difficult for a plaintiff to meet his burden that the real reason for an employment decision is discrimination or retaliation.
"To make out a prima facie case
of race discrimination under Massachusetts law and Title VII of the Civil Rights Act of 1964, Piccadaci must show that: (1) he is a member of a protected class; (2) he was qualified for his position; (3) his employer took an adverse employment action against him; and (4) there is evidence of a causal connection between his membership in the protected class and the adverse employment action.
In order to establish a prima facie case
, Colley must demonstrate that the School Board paid a higher wage to a male "for equal work on jobs requiring equal skill, effort, and responsibility, which jobs .
She noted that "[t]o make a prima facie case
for an endangerment-based motion to modify custody, the moving party must allege: (1) the circumstances of the children or custodian have changed [since the entry of the most recent order]; (2) modification would serve the children's best interests; (3) the children's present environment endangers their physical health, emotional health, or emotional development; and (4) the benefits of the change outweigh its detriments with respect to the children."
In its petition filed before the SC, the PCGG sought the reversal of the Sandiganbayan's decision, insisting that it has established prima facie case
against the respondents.
The motion was resolved, as often happens, with an order stating that the plaintiff's motion was only "granted to the extent" that plaintiff had established its prima facie case
. The usual custom and practice of such a ruling is that at trial, plaintiff can state that its prima facie case
is established by prior order, rest, and let defendant prove its defenses.
The Klomstens argue that the circuit court erred in granting the Bank's motion for summary judgment because the Bank's submissions in support of summary judgment do not establish a prima facie case
that the Bank is the proper plaintiff in this foreclosure action.
He said: "We must not be blind to the fact that there is a prima facie case
that Russia has sought to exploit Scottish independence as part of a wider push to destabilise western institutions.
The court said prosecutors have established a prima facie case
and the former executives must now mount a defence to have it disproved.
A ruling is likely in March.The trial is aimed at laying out a prima facie case
of fraud against the 61-year-old embattled businessman, who has been based in the UK since March 2016.In April last year, Mallya was arrested by Scotland Yard on an extradition warrant.