Search for: "Affidavit of Facts"
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2 Oct 2012, 7:41 am
" The sham affidavit rule provides that a party cannot create an issue of fact and avoid summary judgment by offering an affidavit contradicting his prior deposition testimony. [read post]
3 Jul 2018, 12:49 pm
This is because the I-864 Affidavit is an agreement between the Sponsor and the US Government. [read post]
21 Aug 2014, 5:12 pm
More importantly, though, was the fact that the Second Department went out of its way, in each case, to point out that the expert’s affidavit would not have raised a triable issue of fact even if it had been considered. [read post]
21 Aug 2014, 5:12 pm
More importantly, though, was the fact that the Second Department went out of its way, in each case, to point out that the expert’s affidavit would not have raised a triable issue of fact even if it had been considered. [read post]
25 Mar 2011, 1:48 pm
Let the Examiner and the Board reach its own conclusion based on the facts recited in the 1.132 Affidavit. [read post]
19 Dec 2015, 4:40 am
Malicious prosecution seems to have been plaintiff’s second choice for a cause of action, but the facts of this case simply did not support the elements of the claim. [read post]
25 Jan 2012, 6:18 am
Ocean Palm Beach Club, Inc. (5D10-4403), the Fifth District reminded that when filing a summary judgment motion, "supporting affidavits are required to be 'made on personal knowledge, . . . set forth such facts as would be admissible in evidence, and . . . show affirmatively that the affiant is competent to testify to the matters stated therein.'” The court also pointed out that it had previously reversed a summary judgment order involving the… [read post]
25 Jan 2012, 6:18 am
Ocean Palm Beach Club, Inc. (5D10-4403), the Fifth District reminded that when filing a summary judgment motion, "supporting affidavits are required to be 'made on personal knowledge, . . . set forth such facts as would be admissible in evidence, and . . . show affirmatively that the affiant is competent to testify to the matters stated therein.'” The court also pointed out that it had previously reversed a summary judgment order involving the… [read post]
15 Aug 2022, 3:35 pm
As the Court is aware from its review of the affidavit, it contains, among other critically important and detailed investigative facts: highly sensitive information about witnesses, including witnesses interviewed by the government; specific investigative techniques; and information required by law to be kept under seal pursuant to Federal Rule of Criminal Procedure 6(e). [read post]
28 Aug 2013, 7:19 am
But more problematic, for me at least, is the fact that these numbers are beyond my imagining. [read post]
22 Sep 2013, 6:08 am
Plowman Illinois Appellate Court Affirms Jury’s Verdict and Judgment Notwithstanding the Verdict Order Court Reverses Summary Judgment Order in Contract Case Where Questions of Fact Remained [read post]
[Eugene Volokh] Media Intervenors' Argument Supporting Unsealing Mar-A-Lago Search Warrant Affidavit
18 Aug 2022, 7:42 am
Notably, the former President has made no objection to the release of any warrant materials, and in fact has … call[ed] for "the immediate release of the completely Unredacted Affidavit" on social media. [read post]
22 Dec 2015, 5:42 am
The court found that Plaintiff’s lawyer misrepresented facts to the court. [read post]
31 Dec 2007, 5:54 am
A part of the consideration was the fact that he had twice before refused consent. [read post]
13 Apr 2012, 9:44 am
Almost nothing is specifically attributed — that is, for most facts asserted in the affidavit, it is impossible to determine whether a witness told the affiant the fact, how the witness knew, or whether it is just a conclusion drawn by the affiant. [read post]
17 Nov 2011, 8:59 am
Term 2d Dept. 2011) “the affidavit of plaintiff’s treating physician submitted in opposition to defendant’s motion was sufficient to demonstrate that there is a triable issue of fact as to medical necessity (cf. [read post]
21 Aug 2014, 10:12 pm
It just appears that there was no way to verify the facts on which his opinion was based and his testimony actually was more about basic, critical, and unverifiable facts, than scientific opinion. [read post]
25 Sep 2017, 10:32 am
The affidavit must be completed by a qualified expert who testifies that based on the facts alleged in the complaint, there is at least one negligent act or failure to act on the part of the doctor or health care provider. [read post]
25 Apr 2017, 8:09 am
On the basis of these two affidavits, the lower court determined there were no genuine issues of material fact to suggest that M.H. had breached any duty he owed to V.H. and granted Buddy Head summary judgment. [read post]
29 Nov 2011, 10:47 am
An affidavit of service is a sworn and notarized document that a "process server" completes that attests to the facts surrounding delivery of the Summons and Complaint to a defendant-debtor. [read post]
