Search for: "MATTER OF RULES OF EVIDENCE"
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5 Dec 2006, 2:28 pm
June 20, 2005) (holding the "continuing effect" language of Indiana Evidence Rule 301 authorizes a jury instruction on Indiana Code section 34-20-5-1). * * * Viewed as a substantive matter, we find the instruction to have been balanced, i.e., fair to both sides. [read post]
22 Mar 2018, 4:44 am
In addition, the verdict was not against the clear weight of the evidence because there wasnot an absolute absence of evidence of extrinsic and intrinsic similarity between the two songs. [read post]
20 Nov 2019, 3:00 pm
It is unlawful for an employer to take adverse employment action against a worker (or would-be worker) based on matters such as age, sex, race, or disability. [read post]
7 May 2014, 3:18 pm
While disc herniation and limited range of motion based on objective findings may constitute evidence of serious injury, the orthopedic doctor does not comment on the findings and does not rule out whether the injuries were causally related to the accident. [read post]
30 Apr 2019, 7:56 am
The jury ruled for the plaintiffs, and the district court took some of thee successful claims away. [read post]
7 Apr 2010, 5:40 am
Thus, the Court ruled that the plaintiff failed to establish her prima facie cases of FMLA retaliation and ERISA interference, and upheld the summary judgment against her on those matters. [read post]
26 Jun 2010, 7:15 am
As I read the rule, once I am heard and the judge’s ruling has been pronounced, I “shall not attempt to further argue any matter. [read post]
9 Mar 2021, 3:41 am
The Court has consistently stated that there is an act of communication to the public under Article 3 of the InfoSoc Directive when a link communicates protected subject matter to a new public, by that meaning a public not taken into account when the rightholder authorized the initial publication of their work/protected subject matter. [read post]
19 Nov 2015, 7:14 am
To add urgency to the matter, over 10,000 people per day are slated to retire over the next 15 years. [read post]
23 May 2016, 11:56 am
(Bill O’Leary/The Washington Post) As we’ve noted before (see here and here), the D.C. federal District Court recently affirmed a ruling by the Trademark Trial and Appeal Board canceling federal trademark registration for the name “Redskins,” on the grounds that it violates Section 2 of the Lanham Act, which prohibits registration of trademarks containing “immoral, deceptive, or scandalous matter, or matter which… [read post]
28 Oct 2014, 10:11 am
The holding in that matter, in which the court was applying New Jersey law, found that evidence that a bicyclist contributed to their head injury for failing to wear a helmet was admissible. [read post]
1 Aug 2016, 6:47 pm
That decision was a matter of trial strategy that could not be used to establish deficient performance. [read post]
9 Jul 2024, 3:38 am
The matter was initially heard by the NSL’s Disciplinary Committee, who determined from the video evidence that Milford FC did not contravene rule. [read post]
9 Sep 2019, 8:46 am
” “Judge Patti determined in June that Elite and the other entities failed to submit sufficient evidence that went beyond ‘speculat[ion]’ in trying to establish that the evidence in question was obtained through improper disclosure, according to court documents. [read post]
26 Nov 2012, 9:38 pm
Is a Contemporaneous Factual Misrepresentation of Contract Terms Admissible Under the Parol Evidence Rule? [read post]
4 Sep 2014, 2:32 pm
Given that the parties submitted conflicting evidence on the waiver issue, Judge Gale applied the principle that "[w]here the weight of the evidence is equal, the adverse ruling must be against the party with the ultimate burden of proof. [read post]
7 Mar 2017, 6:11 am
In this case, the Supreme Court traces the history of the no-impeachment rule, noting that Congress codified it in enacting the Federal Rules of Evidence in the mid-1970s. [read post]
6 Oct 2011, 3:51 pm
However, there are exceptions to the hearsay rule. [read post]
11 May 2010, 8:19 pm
The judge has nothing further to say on the matter. [read post]
20 Jul 2011, 3:37 pm
We have previously written that the three principle do's for tire failure cases are: 1) preserve the evidence; 2) preserve the evidence; and 3) see rules numbers one and two. [read post]
