Search for: "MATTER OF RULES OF EVIDENCE"
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10 Jul 2017, 2:46 am
There was considerable force in the executive’s counterpoint that the general application of the Ali criteria will require assessing undisputed factual matters which can be proved without the appellant’s direct evidence. [read post]
17 Nov 2021, 5:30 am
In response to this constitutional concern, the court ruled that before being able to introduce an opponent's lyrics into evidence, the proponent must overcome a presumption that artistic expression is not factual. [read post]
30 Sep 2023, 6:38 am
The court remanded the matter back to the lower court for additional proceedings. [read post]
3 Feb 2016, 1:43 pm
EA made crystal clear that evidence of consumer reaction, as opposed to evidence about what the user said, was irrelevant to Rogers; Brown involved “strong consumer survey evidence,” which the Ninth Circuit said was irrelevant: Adding survey evidence changes nothing. [read post]
29 Nov 2010, 5:04 am
On September 13, 2010, a Massachusetts trial court in the matter of Sawski v. [read post]
12 Nov 2021, 2:43 pm
No matter how ROHM USA tries to pigeonhole this action into its “domestic action” moniker, moreover, this case is merely one aspect of a sprawling international dispute. [read post]
4 May 2011, 12:36 am
As to the allegations to alleged corruption, bad faith, or fraud of former City Council members, the court held evidence relating to indictments against former City Council members from an unrelated matter inadmissible and insufficient to prove corruption or that any Council member accepted a bribe, and that Steppach would need to show that some or all of the Council members that voted were bribed or improperly influenced. [read post]
9 Dec 2009, 2:44 pm
Of course, whenever a "reasonableness" standard comes up, the law usually appears to assume that the meaning of "reasonable" is self-evident. [read post]
8 Jul 2013, 6:47 am
Some others want to import the eBay factors into the ITC's rule in order to make the ITC a forum of limited effectiveness. [read post]
15 Jan 2014, 4:55 am
Rule 901(1) of the Nebraska Rules of Evidence implements that requirement by stating that “[t]he requirement of authentication or identification as a condition precedent to admissibility is satisfied by evidence sufficient to support a finding that the matter in question is what its proponent claims. [read post]
5 Feb 2012, 10:01 am
When a couple divorces, it is easy to understand why some may want to erase all evidence of the failed relationship. [read post]
23 Jul 2013, 8:29 am
Without changes to Visa and MasterCard's rules, merchants will continue to pay excessively high card acceptance fees, and these fees will continue to be passed along to consumers in the form of higher prices for goods and services," said Alison Tait, deputy commissioner of competition, civil matters branch. [read post]
17 Oct 2023, 11:00 pm
The trial court in this matter additionally emphasized that the hospital did not establish that its Patient Safety Committee or Governing Board had in fact reviewed the documents from the root cause analysis in this matter. [read post]
20 Oct 2015, 9:21 am
In general, such a motion asks a court to rule that no material facts are in dispute and one party is entitled to judgment as a matter of law. [read post]
15 Apr 2013, 8:00 pm
So that’s the difference between Frye and Rule 702! [read post]
23 Jul 2010, 8:49 am
Under the first approach there would be a relaxed approach by the court as to the taking of evidence, following discovery rules and other procedural rules applicable to all civil cases in a California Superior Court. [read post]
27 Oct 2015, 2:00 pm
Id. at *19 (noting that Supreme Court has rejected this “too small to matter” argument). [read post]
14 Jul 2010, 3:52 pm
Recognizing that other jurisdictions have declined to engage in claim construction to resolve a preliminary motion, the Court rejected Trigen's attempts to evade the case law: "Defendants attempt to distinguish these cases on the grounds that many involved efforts to introduce extrinsic evidence on a Rule 12(b)(6) motion, noting that here no party has offered extrinsic evidence nor documentation of prosecution history. [read post]
25 Feb 2016, 2:32 pm
Letters to about 280 radio and television stations went out on February 24 asking for evidence of their compliance with the FCC’s EEO rules. [read post]
1 Sep 2010, 7:53 am
The matter proceeded to court under the “summary trial” rule where the evidence was presented by affidavits. [read post]
