Search for: "Law and Fact Finders"
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4 Jun 2024, 2:00 am
Because of the changing nature of this area of the law and the importance of individual facts, readers are encouraged to seek independent counsel for advice regarding their individual legal issues. [read post]
25 May 2024, 4:53 pm
Accordingly, the Lear Siegler decision explained that the question of whether certain information constitutes a trade secret typically is best “resolved by a fact finder after full presentation of evidence from each side. [read post]
24 May 2024, 6:40 pm
” The Court also ordered Israel to open the Rafah crossing, to allow United Nations fact-finders to enter Gaza, and to report to the Court within one month regarding its compliance with the Court’s orders. [read post]
19 May 2024, 10:13 pm
The Trust in User Generated Evidence (“TRUE”) project has published a document entitled Evaluating digital open source imagery: A guide for judges and fact-finders. [read post]
16 May 2024, 12:14 pm
I especially liked the fact that the clause finder included content from SEC exhibits. [read post]
11 May 2024, 7:42 am
Thereafter, the fact finder determines the correct interpretation of the ambiguous provision assuming the parties disagree on the interpretation. [read post]
9 May 2024, 5:37 am
And thus the real question raised for me by the otherwise substantively excellent summary judgment opinion in Sellers is this: does the law really require an almost infinite possible level of care by ERISA plan fiduciaries to an extent that only a fact finder, after hearing every bit of evidence at trial, can determine what the required level of care is? [read post]
8 May 2024, 12:09 pm
As a prerequisite to action, the law requires a negative impact on “an industry in the United States. [read post]
8 May 2024, 6:00 am
IntegrateNYC, Inc. v State of New York2024 NY Slip Op 02369Decided on May 02, 2024Appellate Division, First DepartmentMoulton, J.Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.This opinion is uncorrected and subject to revision before publication in the Official Reports.Decided and Entered: May 02, 2024 SUPREME COURT, APPELLATE DIVISION First Judicial DepartmentSallie Manzanet-DanielsPeter H. [read post]
8 May 2024, 6:00 am
IntegrateNYC, Inc. v State of New York2024 NY Slip Op 02369Decided on May 02, 2024Appellate Division, First DepartmentMoulton, J.Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.This opinion is uncorrected and subject to revision before publication in the Official Reports.Decided and Entered: May 02, 2024 SUPREME COURT, APPELLATE DIVISION First Judicial DepartmentSallie Manzanet-DanielsPeter H. [read post]
8 May 2024, 2:02 am
This type of legitimate business interest is often pleaded by a former employer seeking to enforce its restrictive covenant against a former employee, but commonly rejected by the fact-finder. [read post]
3 May 2024, 7:21 am
I suspect every client I have ever represented in litigation can testify that I am overly fond of the old saying if you have the facts, argue the facts; if you have the law, argue the law; and if you have neither, jump up and down and scream. [read post]
2 May 2024, 5:41 am
Emily Spottswood (Penn State Dickinson Law) has posted Victims as Fact-Finders on SSRN. [read post]
29 Apr 2024, 2:37 am
He noted that some known-facts appear to be better known than other facts that are also deemed to be well-known. [read post]
21 Apr 2024, 4:04 am
And mostly, let the decision be made by an impartial fact finder. [read post]
20 Apr 2024, 9:14 am
The fact finder is asked whether an “ordinary observer” who is likely to purchase the product would be would be deceived by the similarity between the patented design and the accused design. [read post]
19 Apr 2024, 7:25 am
If the unfaithful spouse depletes the community estate by buying expensive gifts or secretly transfers community funds or property, the fact finder may determine that they committed waste or fraud on the community estate. [read post]
10 Apr 2024, 7:02 am
The jury’s findings provide a look at what fact-finders might find in similar crypto enforcement actions (SEC v. [read post]
10 Apr 2024, 5:27 am
It may be helpful to file a pretrial motion in limine on the point to obtain a ruling before testimony is presented to the finder of fact. [read post]
9 Apr 2024, 7:03 am
Since an appellate court will not ordinarily second-guess a Board’s resolution of factual and credibility issues, the fact finder’s decision on most misconduct allegations will not be disturbed on appeal [see Matter of Hartman v. [read post]
