Search for: "MATTER OF RULES OF EVIDENCE"
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27 Jul 2016, 4:00 am
The Appellate Division ruled that Supreme Court properly granted Tuckahoe’s motion to set aside the jury’s verdict that declared that the Plaintiffs could designate Tuckahoe as their school district pursuant to Education Law §3203(1).Addressing Supreme Court’s granting Tuckahoe’s motion to set aside the jury verdict in favor of certain Plaintiffs as a matter of law, the Appellate Division said that "[a] motion for judgment as a… [read post]
21 Feb 2017, 10:57 am
It seems to posit two layers of source rules. [read post]
16 Jul 2020, 6:47 am
Whether the Crown had rebutted that evidence was a live issue. [read post]
15 Jun 2016, 12:34 pm
.___ (June 10, 2016), that Rule 702(a) of the North Carolina Rules of Evidence incorporates the standard set forth in Daubert v. [read post]
15 Jun 2016, 12:34 pm
.___ (June 10, 2016), that Rule 702(a) of the North Carolina Rules of Evidence incorporates the standard set forth in Daubert v. [read post]
13 Aug 2024, 12:35 pm
By statute, by general rule of practice, and by rule of professional conduct, attorneys are exhorted to avoid abusive language, to eschew personal opinions, to confine their arguments to matters of record. [read post]
22 Dec 2009, 10:27 am
The rule of law is best left to the Police in such matters, however imperfect they are on occasion. [read post]
18 Oct 2023, 9:05 pm
It is based on their recent article, “Does Wedge Size Matter? [read post]
7 Feb 2014, 12:41 pm
In a January 6, 2014 ruling, Judge Colleen McMahon converted the defendants’ Penguin/Berkley Publishing US A and others’ Rule 12(b)(6) motion to dismiss plaintiff Charles Newton’s copyright infringement claims into a Rule 12(d) motion for summary judgment, based on defendants’ arguments which required the consideration of evidence not included in the pleadings.Plaintiff, acting pro se, claimed that defendants infringed upon his copywrited… [read post]
23 Nov 2010, 8:40 am
As a practical matter, an applicant only has one opportunity to introduce new evidence as a matter of right, and that comes very early in prosecution, after the first Office Action on the merits. [read post]
23 Nov 2010, 8:40 am
As a practical matter, an applicant only has one opportunity to introduce new evidence as a matter of right, and that comes very early in prosecution, after the first Office Action on the merits. [read post]
7 Apr 2011, 1:51 am
BM v Secretary of State for the Home Department [2011] EWCA Civ 366 (05 April 2011) - Read judgment Another control order has been ruled unlawful and quashed by the court of appeal, on the basis that the evidence relied upon to impose it was “too vague and speculative”. [read post]
10 Feb 2016, 4:00 am
”Ruling that there was no basis in the text of the master agreement to support the arbitrator's conclusion that noncompliance with the four-month hearing deadline automatically invalidated Muller's claim, the court remanded the matter for a determination of of Muller’s grievance on its merits. [read post]
14 Nov 2011, 7:13 pm
Judge Sweet declared that “no matter how many studies yield a positive but statistically insignificant SMR for colorectal cancer, the results remain statistically insignificant. [read post]
6 Apr 2022, 4:17 am
In Walsh v Wallace Law Off. 2022 NY Slip Op 02218 Decided on March 31, 2022 the Appellate Division, First Department applied a bright line rule, utilizing the consent to change attorney as the day continuous representation ended. [read post]
18 Mar 2013, 11:28 am
The Tenth Circuit reviews a district court’s ruling on a motion for spoliation sanctions for abuse of discretion. [read post]
29 Jun 2015, 2:00 am
The court said that the penalty imposed, termination, did not shock its sense of fairness in view of findings of Trooper’s “repeated false statements where the underlying matter implicated missing evidence, together with [Trooper’s] failure to accept responsibility even when confronted with contrary documentary proof. [read post]
Indiana Supreme Court Rejects Claim That Lawyer Violated Rule 8.2(a) In A Motion For Change of Judge
8 Nov 2013, 3:00 pm
Counsel’s advocacy on such matters must not be chilled by an overly restrictive interpretation of Rule 8.2(a). [read post]
25 Jul 2007, 9:05 am
The ruling affirmed an order which prevented defense counsel from publishing the name of a sexual abuse victim in order to investigate the victim's credibility - Matter of Fischetti v Scherer, 2007 NY Slip Op 06174. [read post]
22 Mar 2021, 6:24 am
That ruling made news, as it was among the few arbitration rulings that favors the plaintiff. [read post]
