Search for: "MATTER OF RULES OF EVIDENCE"
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6 Dec 2006, 11:47 am
The new ruling, approved by the Supreme Court in April, requires all US companies and other entities involved in federal litigation to produce ‘electronically stored information' as part of the discovery process, when evidence is shared by both sides before a trial. [read post]
5 Aug 2011, 8:49 am
Section 2.2(B)(5) sets forth a detailed set of rules to be followed regarding due process, admissibility of evidence, expert and opinion testimony, the burden of proof, objections to evidence, and the hearing examiner's findings. [read post]
12 Jan 2022, 8:11 am
But there is compelling evidence that our local bankruptcy judges are concerned that such fee arrangements are improper, and every reason to conclude that bifurcated fee arrangements run afoul of the Local Rules of Bankruptcy Procedure. [read post]
11 Jul 2013, 5:01 am
Even though plaintiff alleged that the defendant failed to update its label to match the approved branded labels—and presumably echoed its allegation in opposing two motions to dismiss—when defendant came forward with evidence that its label did match during the period of plaintiff’s use of the drug, plaintiff did “not contest the admissibility of Defendant’s summary judgment evidence, dispute the accuracy of Defendant’s statement of… [read post]
20 Apr 2013, 3:46 pm
A Manhattan Criminal Lawyer said the appellant argues that she was charged with being in possession of what “appeared” to be marijuana, which she claims is not prohibited by the school rules and that there was a lack of evidence introduced at the hearing for the school board’s findings that the appellant possessed marijuana. [read post]
8 Jun 2016, 8:36 am
Substantial evidence supported the NLRB’s conclusion that an employer had a bargaining relationship with a union that predated its relocation of a plant from Louisiana to Alabama, and that the new operation was a continuation of operations in Louisiana, ruled the Eleventh Circuit. [read post]
10 Nov 2015, 12:24 pm
It also found that no evidence existed to show that the owner intended to reserve his fee in the way to further a plan of development of other neighboring parcels. [read post]
12 Apr 2011, 3:50 pm
Rule Ev. 104(a). [read post]
28 Jun 2022, 9:01 pm
”6 Defendants, meanwhile, argued that the business judgment rule applied to their decision to reject the nomination notice. [read post]
27 Dec 2017, 5:00 am
Sept. 28, 2017), which arose out of a motor vehicle v. pedestrian accident matter, the Pennsylvania Supreme Court declined to adopt a bright-line rule of predicating the admissibility of a person's blood alcohol content (BAC) on the existence of independent corroborating evidence of intoxication. [read post]
25 Jun 2016, 8:09 am
A ruling on a motion for instructed verdict is not the same as a ruling on the admission of evidence. [read post]
31 Jan 2013, 12:57 pm
But "other acts" evidence is usually fairly unnecessary, tangential stuff and it is still hemmed in by Rule 403 (undue prejudice). [read post]
20 Mar 2024, 9:03 am
The National Labor Relations Board (NLRB) has ruled that a Minnesota Home Depot Store broke the law by telling an employee to remove a “BLM” marking from their work apron. [read post]
25 Oct 2017, 9:38 am
The fireman’s rule applies to both police officers and firefighters, and it clarifies that, as a matter of law, these emergency responders assume a risk, as long as that risk is what brought them to the scene. [read post]
E.D.N.Y. Notes Split Re Proper Rule 12 Clause for Dismissing Claims Based on Forum Selection Clauses
30 Jan 2007, 5:07 am
That burden is "analogous to that imposed on a plaintiff to prove that the federal court has subject matter jurisdiction over his suit or personal jurisdiction over the defendant. [read post]
E.D.N.Y. Notes Split Re Proper Rule 12 Clause for Dismissing Claims Based on Forum Selection Clauses
30 Jan 2007, 12:11 am
That burden is "analogous to that imposed on a plaintiff to prove that the federal court has subject matter jurisdiction over his suit or personal jurisdiction over the defendant. [read post]
30 Jun 2010, 1:50 pm
Broadly: divorce, civil partnership and financial matters are not 'relevant family proceedings'. [read post]
7 Apr 2009, 5:57 am
Though recognizing that T-Mobile is a large company, the Court reiterated that it is the plaintiff who bears the burden of putting forth some evidence to establish each element of rule 23. [read post]
28 Nov 2017, 10:23 am
Sotomayor remained unconvinced: “But if the Board didn’t institute review of those other claims, the other side has not had an opportunity to present its evidence in contravention of your expert. [read post]
17 Dec 2016, 3:36 am
Confirmation bias is still bias, no matter how much you want to believe. [read post]
