Search for: "MATTER OF RULES OF EVIDENCE"
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13 Oct 2024, 9:01 pm
See also In the Matter of Ashton Thomas Private Wealth, LLC, Ex. [read post]
8 May 2013, 11:05 am
I followed the rules. [read post]
29 Mar 2012, 1:05 pm
I didn’t violate a rule. [read post]
14 Apr 2021, 3:04 pm
If a plaintiff fails to adequately refute a defendant’s motion for summary judgment, the court ruling on the matter may dismiss the case, as demonstrated in a recent New York opinion issued in a radiology malpractice matter. [read post]
8 Sep 2011, 9:22 am
As a practical matter, what this ruling meant was that the plaintiff—who alleged that he was owed less than $100—could continue to litigate his collective-action claim, despite having rejected an offer of judgment in the amount of $9,000. [read post]
10 Jun 2019, 4:00 am
Upon review of such an administrative determination made after an evidentiary hearing, the determination of the Justice Center must be upheld if supported by substantial evidence (see CPLR 7803[4]; Matter of Williams v New York State Justice Ctr. for the Protection of People with Special Needs, 151 AD3d 1355, 1356-1357).Here, the determination of the Justice Center was based on substantial evidence. [read post]
22 Jan 2013, 9:32 am
Maximum Human Performance, LLC, 2-12-cv-07189 Otero Dismiss The court denied defendants' motion to dismiss plaintiff's complaint because the asserted patents for health improvement methods contained ineligible subject matter. [read post]
22 Dec 2010, 7:47 am
"We feel this is a matter of extreme importance, particularly to the Willingham family and to the justice system in Texas," the statement said. [read post]
8 Sep 2012, 9:41 am
However, no matter how many times the accused may have been convicted in the past, the evidence of the current crime must be the thing that shows one’s guilt or innocence, not past prior acts. [read post]
15 Jul 2009, 4:19 pm
These texts are explosive evidence in lawsuits... and pretty tough to dispute. [read post]
24 May 2012, 8:21 pm
”).When an agreement leaves material matters open for future adjustment and agreement on the additional matters never occurs, however, the agreement is not binding upon the parties. [read post]
17 Nov 2014, 5:07 pm
There is no evidence of death prior to the fire, but presumably was during it, and certainly not after the fire. [read post]
12 Sep 2014, 5:11 am
In any event, the court has ruled that prosecutors have presented sufficient evidence for a retrial. [read post]
28 Jul 2023, 4:06 am
It noted that "as a threshold matter, to sanction a party for destroying or altering evidence held and altered by a third party, the party alleging spoliation must show that its adverse party had a duty, i.e., the ability, to preserve or alter the evidence. [read post]
Judge denies motion to preclude Oracle from arguing Google's Java copyright infringement was willful
18 Sep 2015, 1:38 pm
The jury would firstly rule on Google's "fair use" defense without being briefed on Oracle's damages theories; then, if Oracle prevails (which I'm sure it will), damages and willfulness evidence will be presented in the second phase of the trial.After a "fair use" finding, the next factual issue for the jury to decide will be willfulness. [read post]
9 Mar 2015, 8:37 am
After holding that the evidence could not support a conclusion that the activity was inherently dangerous as a matter of law, the appellate court stated the issue was a question for the jury. [read post]
19 Jan 2010, 4:00 am
Other states have upheld a trial court’s ruling to exclude the evidence. [read post]
25 Feb 2009, 9:58 am
The Appeals Court ruled, "We find that no reversible error occurred at trial, and we thus affirm. [read post]
3 Aug 2022, 8:09 am
In some instances, though, a court will find the evidence of the defendant’s fault to be so compelling that it will issue a judgment in favor of the plaintiff as a matter of law. [read post]
24 Apr 2016, 1:26 pm
Related Posts: Georgia Court of Appeals Tackles Hospice Care Negligence Suit Georgia Court of Appeals Examines “Pronounced Results” Exception’s Effect on Expert Affidavit Rule Georgia Court of Appeals Rules that One May Assume Risk of Falling at Medical Facility [read post]
