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31 May 2013, 4:17 pm by Seyfarth Shaw LLP
A new Rule 23 decision caught our eye this week - the ruling in July v. [read post]
20 Aug 2012, 3:30 am
Termination for violating workplace rules defeats a claim for unemployment insurance benefits Smith v Commissioner of Labor, 296 A.D.2d 803 Violating the employer's policy or work rules concerning sexual harassment may not only result in the termination of the employee. [read post]
3 Mar 2010, 3:22 am
"In addition, the Appellate Division ruled that Ebling had not been denied due process and a fair hearing by the admission of hearsay evidence against him. [read post]
20 Oct 2006, 4:57 am
The Board affirmed, finding valid the PTO's long-standing precedent and policy of treating varietal names as generic.The Board relied on Dixie Rose Nursery v. [read post]
16 Dec 2014, 1:06 am
There were a number of aspects of Global's evidence on which it sought to rely at trial that were not clearly probative of its case and which, in some instances, were of so little probative value that the evidence arguably didn't even support that case. [read post]
19 Nov 2019, 8:47 am by Eric Goldman
Nov. 8, 2019) The post More Evidence That IP Law Protects Individual Emoji Depictions–Nirvana v. [read post]
21 Mar 2018, 6:12 pm by Daniel E. Cummins
(Op. by Musmanno, J.), the Pennsylvania Superior Court ruled that social media posts are inadmissible in criminal cases unless prosecutors can present evidence of who actually authored the commentary.The court ruled in this fashion after noting that social media accounts can be easily hacked or faked. [read post]
9 Oct 2007, 3:15 pm
"A general rule" barring publication of information is not sufficient to meet that requirement; rather, "[t]here must be evidence and findings as to what effect the disclosure" will have. [read post]
22 Sep 2020, 12:30 pm by Ronald V. Miller, Jr.
The COSA ruled that having remains cremated does not constitute spoliation of evidence in a subsequent malpractice case. [read post]
5 May 2014, 4:54 pm by Stephen Bilkis
People v Kanhai Court Discusses Whether Business Records are an Exception to the Hearsay Rule under the Principle of Crawford v Washington The criminal defendant was arrested and charged for one count of of driving a motor vehicle while impaired by alcohol DWI under section 1192(1) of the Vehicle and Traffic Law. [read post]
1 Dec 2013, 5:00 am
Therefore the marine safety expert’s report and testimony would be of no assistance to the fact-finder in understanding the evidence or determining a fact in issue, as required by Rule 702 of the Federal Rules of Evidence, and hence would be excluded. [read post]