Search for: "MATTER OF RULES OF EVIDENCE"
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25 Jun 2020, 4:00 am
" Citing Matter of Corina-Chernosky v Dormitory Auth. of State of N.Y., 157 AD3d 1067, the Appellate Division said that "To be entitled to workers' compensation benefits for an occupational disease, a claimant must establish a recognizable link between his or her condition and a distinctive feature of his or her occupation through the submission of competent medical evidence". [read post]
31 Jan 2013, 12:17 pm
Prade ruling by Douglas Prade - ReleasedLarry Swearingen - On Death Row [read post]
24 Oct 2023, 6:00 am
Conservation, 213 AD3d 842, the Appellate Division said "Judicial review of an administrative determination made after a hearing required by law, and at which evidence was taken, is limited to whether that determination is supported by substantial evidence", observing that "Substantial evidence 'means such relevant proof as a reasonable mind may accept as adequate to support a conclusion or ultimate fact'".Here, contrary to… [read post]
5 Feb 2008, 7:52 am
Even though we’ve covered the "suspicious procedures" at the USPTO regarding the Final Continuations and Claims Limits Rule, more evidence seems to keep coming to light. [read post]
11 Oct 2009, 1:53 pm
., decided 10/2/2009) In what may be the Fourth Department's first decision addressing what constitutes a plaintiff's prima facie showing in a no-fault action, the appellate court ruled that plaintiff MRI facility made a prima facie showing of entitlement to judgment as a matter of law by submitting evidence that the prescribed statutory billing forms were received by defendant and that defendant's payment of no-fault benefits to plaintiff was… [read post]
13 Jan 2021, 4:59 pm
The EEOC noted that despite its efforts to promote voluntary resolutions, its conciliation efforts resolve less than half of the charges in which the evidence supports a finding of discrimination. [read post]
11 Oct 2017, 4:30 am
In doing so, I would take my previous argument a step beyond the case of a president who lies about a matter like the Russia investigation, a criminal matter with grave national security implications. [read post]
22 Jan 2022, 3:56 am
Discovery is a key element in medical malpractice matters, as in most instances, it is the best tool parties can use to obtain evidence to support their claims or defenses. [read post]
2 Dec 2015, 8:00 am
The nursing home is entitled to present evidence that its conduct was reasonable under the circumstances, the court held. [read post]
19 Nov 2020, 9:02 am
However, the ALJ based her findings not on the evidence produced at the hearing, but rather wholly on the evidence and findings of fact from the criminal trial. [read post]
24 Jan 2014, 12:57 am
Liability may attach if the officer is adjudged in hindsight to have acted outside the scope of his or her delegated authority or to have failed to act on a matter that was not (sic) within his or her expected areas of responsibility.[8] More recently, five decisions by federal district courts in California ruled that the business judgment rule applies only to independent directors, not officers. [read post]
27 Dec 2017, 4:50 pm
One of these rules, the hearsay rule, is designed to ensure that juries receive reliable evidence, and that out-of-court statements ordinarily are inadmissible. [read post]
19 Oct 2022, 3:35 am
At that time, the GC concluded that, while the EUIPO Second Board of Appeal had been right in ruling out inherent distinctiveness of the mark at issue, it had also failed to undertake a proper evaluation of the evidence submitted by Vuitton in support of a claim of acquired distinctiveness of the mark, which is the subject of an international registration inter alia designating the EU territory, in relation to class 18 goods.So, after that, the matter went back to… [read post]
5 Nov 2013, 9:27 am
Defendant moved for judgment as a matter of law during trial and the court deferred until post-verdict. [read post]
29 Jun 2012, 9:39 am
"What matters here, rather, is what mattered in Miller: that a subsequent test for drugs and alcohol showed that the driver was in fact sober. [read post]
13 Jul 2017, 11:13 am
With this substantial evidence backing up the plaintiffs’ case, the Illinois Appellate Court ruled that the trial court was not unreasonable in finding for the plaintiffs and awarding $1.875 million in damages. [read post]
1 Aug 2017, 8:39 am
The CAFC found the Board's reasoning to be inconsistent:As an initial matter, we find the Board’s analysis to be internally inconsistent. [read post]
30 Mar 2011, 11:57 am
Thomas McCarthy, 5 McCarthy on Trademarks and Unfair Com- petition § 27:9 (4th ed. 2010) (discussing the separate “two prongs” of § 1125(a) for trademark infringement and false advertising and their separate substantive rules and elements). [read post]
20 May 2014, 5:04 am
" That evidence was likely, as a matter of the probabilities of human behaviour, to be true. [read post]
25 Aug 2013, 4:03 pm
As a threshold matter, it is evident that the Family Court acquired personal jurisdiction over the appellant, as she appeared before the Family Court without challenging personal jurisdiction. [read post]
