Search for: "MATTER OF RULES OF EVIDENCE"
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14 Dec 2014, 7:08 pm
Nor was the employee’s accommodation request unreasonable as a matter of law. [read post]
10 Jul 2023, 9:01 pm
Determining whether a material fact is the subject of a dispute that is “genuine,” the Court has said, parallels the Rule 50 standard for judgment as a matter of law. [read post]
20 Sep 2016, 12:38 pm
The evidence showed that the instructor could have used other means for his commute and for off-campus commitments but used his personal vehicle as a matter of convenience. [read post]
28 Nov 2012, 6:00 am
Matter Could Have Been Avoided The entire matter could, probably, have been terminated far, far sooner if the alleged employers had promptly provided fuller evidence in a response. [read post]
3 Jan 2019, 5:00 am
Turning to the record before it, the court in Thomas ruled that the evidence revealed that the substance on the floor next to the broken glass in this case posed an obvious condition such that its danger should have been readily apparent to a person exercising normal perception and judgment. [read post]
7 Feb 2014, 2:14 pm
After oral argument of the C.P.L. 440.10 motion, the matter was set down for a hearing. [read post]
5 Feb 2020, 9:22 am
Of note:The Federal Rules of Evidence and those of Civil Procedure carefully govern expert testimony. [read post]
17 Jan 2022, 4:30 am
Let's consider a few comparisons.As a general matter, courts--including SCOTUS--try to avoid pretext analysis because it requires an always-tricky assessment of real motives. [read post]
24 Apr 2013, 3:21 am
Content matters. [read post]
7 Sep 2007, 3:45 am
Having covered the range of sleepiness standards, however, Judge Grove then ruled that it didn't matter on these facts, finding that for a judge to be "constantly attentive is not a fundamental requirement. [read post]
3 Feb 2020, 4:15 pm
The argument against the Senate’s hearing the evidence begins with the fundamental claim that the evidence does not matter. [read post]
14 Oct 2019, 7:58 am
The Sixth Circuit wrote that, under Rule 12(b)(6), “To survive a motion to dismiss, a complaint must contain sufficient factual matter, accepted as true, to state a claim to relief that is plausible on its face. [read post]
14 Oct 2019, 7:58 am
The Sixth Circuit wrote that, under Rule 12(b)(6), “To survive a motion to dismiss, a complaint must contain sufficient factual matter, accepted as true, to state a claim to relief that is plausible on its face. [read post]
20 Mar 2019, 9:01 pm
The effect of the Seventh Circuit’s ruling is to prevent job seekers from challenging on impact grounds rules and policies that present no evidence of intentional age discrimination but create “headwinds” against the older job seeker—such as “maximum salary,” “no more than five years of experience,” and “no lateral hiring” rules that discourage even applying. [read post]
7 Mar 2017, 11:59 am
In our brief, we argued this case gave the Court a perfect opportunity to set a clear rule. [read post]
30 Dec 2009, 6:30 am
(denying sovereign immunity on Rule 12(b)(6) motion). [read post]
3 Mar 2010, 5:00 am
The Court ruled that the employer is not so entitled. [read post]
1 May 2024, 4:00 am
In this post, I discuss landmark cases involving affirmative action, health care, voting rights, separation of church and state, and the Second Amendment to show, not that I disagree with the results (I do), but instead to demonstrate that no matter what side of the issues you may favor in these country-defining cases, the Roberts Court has resolved these questions in a lawless manner because of reliance on demonstrably false facts and obviously misleading descriptions of prior… [read post]
23 Nov 2020, 2:33 pm
Evidence of annual review. [read post]
7 Jul 2016, 3:53 am
Distinguishing between the two matters. [read post]