Search for: "MATTER OF RULES OF EVIDENCE"
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19 May 2017, 9:27 am
The ruling established that, since the fall protection provided involved the worker tying off his harness in a manner not compliant with OSHA standards, the trial court was entitled to rule as a matter of law that the worker did not receive adequate fall protection. [read post]
22 Dec 2019, 4:15 am
Former Chief Judge of the CAFC Paul Michel in his brief argues four points: 1) the opinion contravenes core summary-judgment rules and ignores evidence of a genuine dispute; 2) the ‘911 claims recite a multi-part, multi-step process for manufacturing auto parts and are not directed to ineligible matter; 3) the ‘911 claims do not preempt Hooke’s Law, confirming they are patent-eligible; and 4) the majority’s Section 101 rulings warrant en… [read post]
23 Apr 2015, 6:23 am
“What matters is not AFDI’s intent, but how the ad would be interpreted,” [said MTA Security Director Raymond Diaz]. [read post]
9 Sep 2013, 6:41 am
On appeal, the defendants claim that the trial court (1) did not have subject matter jurisdiction to find in favor of the plaintiff on the foreclosure of its mechanic's liens because the mechanic's liens were invalid, (2) improperly found that the plaintiff had proven damages on the breach of contract count, (3) improperly found in favor of the plaintiff on the quantum meruit count because the court previously had found in favor of the plaintiff on the breach of contract count, (4) erred in… [read post]
28 Jun 2016, 8:40 am
The Special Master's duties, as provided by the order, include:1--Actively manage objections, including scheduling, notifying the parties, holding status and settlement conferences, and holding hearings.2--Encourage the parties to settle matters in dispute.3--Designate subcases within the general adjudication case.4--Identify the parties affected by a proposed settlement, provide notice to the affected parties, and hear objections to a proposed settlement.5--Take evidence,… [read post]
31 Jan 2016, 2:00 am
" He took the matter under advisement and will issue his ruling shortly. [read post]
29 May 2023, 11:00 pm
# # #DECISIONJackson v 681 Fillmore, LLC# # #Read more about the "storm-in-progress" rules here. [read post]
22 Aug 2013, 3:52 pm
Having failed to present any such evidence, the attorney was entitled to judgment as a matter of law. [read post]
11 Jan 2012, 10:29 am
This matter involves a Claimant who was allegedly injured on the job at UPS. [read post]
5 Jun 2020, 1:47 pm
And Rule 9(b) is supposed to “discourage[ ] ‘fishing expeditions and strike suits’ [that] appear more likely to consume a defendant’s resources than to reveal evidence[ ] of wrongdoing. [read post]
27 Mar 2015, 6:55 am
The basis for the ruling in Kingsdown Inc. v. [read post]
14 Jan 2013, 1:08 pm
Impressions always matter. [read post]
26 Jan 2022, 11:31 am
That rule provides that the term “substantial showing” of a bona fide candidacy “ . . . means evidence that the person claiming to be a candidate has engaged to a substantial degree in activities commonly associated with political campaigning. [read post]
19 Apr 2018, 8:34 am
Judge-made rules on “equity” and “fairness” do not control. [read post]
14 Jan 2016, 1:59 pm
Rule 15(a) provides that “a party may amend a pleading as a matter of course before a responsive pleading is served” but otherwise must obtain leave of court or written consent of adverse parties. [read post]
7 Dec 2018, 5:00 am
Judge Munley also noted that the term “operation” also encompasses negligent acts related to the operation of a vehicle, including even whether a driver should be driving a particular vehicle in the first place.As such, the court ruled that the Plaintiff was not automatically barred by governmental immunity considerations from presenting evidence at trial of policies and procedures along with other evidence in support of claims of… [read post]
4 Apr 2018, 3:27 am
“Sufficiencyof corroboration is determined by using a ‘rule ofreason’ analysis, under which all pertinent evidence isexamined when determining the credibility of an inventor’stestimony. [read post]
21 Jul 2009, 10:34 am
Harris abstention was only appropriate regarding the Boardwalk Pavilion matter pending before the N.J. [read post]
12 Mar 2024, 1:59 pm
The committee could not find any evidence to support Meadows’ claim. [read post]
6 Feb 2023, 7:45 pm
Encina Lodge & Suites, 538 F.3d 1031, 1039 (9th Cir. 2008) the Court considered a trial court decision that did not attack the credibility of the plaintiff, but instead ruled based on a lack of evidence. [read post]
