Search for: "MATTER OF RULES OF EVIDENCE"
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14 Nov 2023, 6:00 am
"[T]he proponent of a summary judgment motion must make a prima facie showing of entitlement to judgment as a matter of law, tendering sufficient evidence to demonstrate the absence of any material issues of fact*; 2. [read post]
7 Aug 2017, 5:22 am
ROSENSTEIN: Chris, the special counsel is subject to the rules and regulations of the Department of Justice, and we don’t engage in fishing expeditions. [read post]
8 Dec 2017, 7:28 am
All that matters is what's going to happen now, and it would be a major surprise if last year's ruling by Judge Alsup in the Northern District of California, based on a jury verdict that came into being under circumstances I harshly criticized at the time, was affirmed.The Federal Circuit yesterday published the official recording (MP3) of the hearing. [read post]
6 Dec 2022, 3:00 am
The Defendant in this matter filed a Motion to Transfer Venue from Philadelphia County to either Cumberland or York County under Pa. [read post]
27 Aug 2013, 9:12 am
No matter that the employee had done nothing wrong. [read post]
11 Dec 2013, 3:17 am
As an initial matter, the Court denied to strike either parties Local Rule 56.1 statements or responses. [read post]
20 Nov 2007, 7:00 am
For the reasons set forth below, we hold that defendant's sentence was imposed in violation of Federal Rule of Criminal Procedure 32, which requires that at sentencing, the court "must allow the parties' attorneys to comment on the probation officer's determinations and other matters relating to an appropriate sentence," and further states that the court "must - for any disputed portion of the presentence report or other controverted matter -… [read post]
27 Mar 2024, 7:12 am
The ruling shows that a “wrongful act” under a D&O policy need not be an egregious act of wrongdoing, that coverage may hinge on whether extrinsic evidence can establish coverage, and that breach of contract claims are not always uninsurable as a matter of law. [read post]
4 Mar 2019, 7:18 pm
This is a critical time for our nation, and we have a responsibility to investigate these matters and hold hearings for the public to have all the facts. [read post]
26 Apr 2012, 9:58 am
So, the evidence against Alexander was suppressed and the prosecutor immediately dismissed the DUI charges.In every criminal case, including driving under the influence matters, the first question to be answered is did the officer have reasonable suspicion that a crime was being committed. [read post]
8 Oct 2015, 5:00 am
Penn National, Judge Williamson again noted that “Evidence put forth in the bad faith claim for the court to consider would likely confuse the jury and its role in the proceedings. [read post]
15 Jun 2019, 8:37 pm
Last month’s divided ruling of In re: Amendments to the Florida Evidence Code, came as something of a shock to courts and South Florida injury attorneys, given that the state high court had ruled on this very matter in October – and came down firmly on the other side. [read post]
29 Jul 2024, 9:17 am
Perhaps if the development of a SEP/FRAND dispute harmonized European positions on the matter, the Commission would abandon its much-debated project? [read post]
8 Mar 2024, 5:00 pm
But, for reasons explained in the brief, the alleviation of pressure on the border also matters for the merits of the case (which Judge Tipton didn't reach). [read post]
15 Oct 2021, 6:37 am
It found that enough evidence existed to allow the case to go to trial. [read post]
3 Sep 2019, 10:29 am
I take some of this from an article I wrote on “Canada: The Rule of Law” in the October 2013 issue of the Journal of Parliamentary and Political Law, a compilation of articles on the rule of law. [read post]
26 Apr 2009, 11:51 am
The briefs arguing this matter catalog the evidence before the jury and argue that, on this evidence, the court should rule that no reasonable juror could find the defendants guilty on the accused crimes beyond a reasonable doubt. [read post]
9 May 2012, 8:00 am
This decision evidences the reach that Courts will traverse to ensure that arbitration is the preferred forum for these matters, and not piecemeal litigation in courts. [read post]
3 May 2010, 3:37 pm
He then offered a 403 analysis and argued that the evidence isn’t inadmissible under that rule. [read post]
4 Mar 2014, 10:34 am
Ohio suggested that “all” unconstitutionally obtained evidence must be suppressed, but Herring v. [read post]
