Search for: "MATTER OF RULES OF EVIDENCE"
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7 Jan 2013, 7:30 am
But we do not believe that the New York Court of Appeals created an inflexible rule that would allow a single factor -- one-on-oneness -- to delimit the definition of the crime, without regard to other evidence of the defendant's mental state. [read post]
11 Jan 2019, 5:30 am
Mariani ruled that a carrier's rejection of a policy limits demand, in and of itself, is not evidence of bad faith absent other evidence of unreasonable and intentional under-evaluation of the claims presented. [read post]
31 Mar 2021, 6:56 pm
More specifically, the Court found that deposition questions that are properly the subject to objections to the form of the question include “compound questions, questions that are ambiguous, unintelligible, misstatements of evidence or testimony, argumentative, assuming facts not in evidence, calling for speculation and deponent answers that are non-responsive. [read post]
20 Mar 2019, 4:00 am
The Comptroller adopted the Hearing Officer's findings of fact and conclusions of law and Petitioner appealed the Comptroller's determination.The Appellate Division confirmed the Comptroller's ruling. [read post]
28 Jun 2022, 4:53 pm
In Ohio, the lawyers involved in the criminal matter must follow the formal system of rules outlined in Ohio’s Rules of Criminal Procedure. [read post]
28 Dec 2012, 1:59 pm
The Ruling of the Court: Here, the court must make two related inquiries concerning the sufficiency of the information. [read post]
29 Jun 2012, 9:08 am
""There's a very unhappy message for counsel," says Cherniak, who noted much of the evidence against his client stemmed from Court of Appeal proceedings related to Felderhof's matter during which Groia wasn't a party. [read post]
25 May 2007, 9:28 am
While the lower court threw out the drugs and gun as evidence, ruling that the officer had actually seized the man by asking him for identification, the Sixth Circuit reversed (.pdf) that saying that a request from an officer for identification is just a request and a citizen should know they are free to walk away. [read post]
24 Feb 2010, 9:59 am
Matter of Paul Mazzotte v Thomas DiNapoli, as State Comptroller Petitioner was a correction officer for over 20 years. [read post]
20 Mar 2023, 5:00 am
Mannion additionally noted that there was other conflicting evidence as to whether the hazard at issue was perceptible to skiers. [read post]
28 Mar 2014, 4:00 am
Finding that Claimant failed to take reasonable steps to protect his continuation in employment, the court ruled that substantial evidence supported the decision of the Unemployment Insurance Appeal Board that Claimant had voluntarily separated from his employment without good cause.The decision is posted on the Internet at:http://www.nycourts.gov/reporter/3dseries/2014/2014_01802.htm. [read post]
20 Jul 2015, 10:54 am
In EC-Seal Products, the WTO Appellate Body ruled that the European Union’s ban on seal products was justifiable under Article XX(a) of GATT as a matter of public morals, because it was based on European citizens’ moral objections to cruelty in seal hunting – concerns that were validated in part based on reports and evidence from scientific experts. [read post]
11 Oct 2018, 5:00 am
The court also noted that the Plaintiff in this matter had no direct transactions with the proposed Defendant. [read post]
11 Oct 2013, 4:30 am
A appealed the Board’s determination but the Appellate Division sustained the Board’s ruling, explaining that “An employee's use of vulgar language and conduct that is detrimental to the employer's interests have been found to constitute disqualifying misconduct,” citing Matter of Cheeseboro, 84 AD3d 1635. [read post]
2 Jan 2014, 6:00 am
Under the rule, after the thirty day period, the trial court loses its discretion to modify its prior decision and the order can only be opened or vacated upon a showing of intrinsic fraud, lack of subject matter jurisdiction in the first place, a fatal defect in the record, or some other evidence of extraordinary cause justifying intervention by the court.As the moving party in Brogan had not filed its Motion for Reconsideration within the thirty day time… [read post]
21 Jun 2017, 7:40 am
Supreme Court ruled the disparagement clause of the U.S. [read post]
13 Dec 2012, 4:42 pm
Moreover, information exchanged in mediation must be held in confidence, and cannot be used as evidence in any proceeding.The General Assembly is expected to affirmatively approve the Proposed Regulation upon its return in January. [read post]
9 Aug 2013, 3:03 am
The Court held that the class could not properly be certified because the claims lacked commonality: The only corporate policy that the plaintiffs’ evidence convincingly establishes is Wal-Mart’s “policy” of allowing discretion by local supervisors over employment matters. [read post]
3 Apr 2019, 5:30 am
The court ruled that there was a lack of evidence to support the charges of either insubordination nor any other sufficient cause for disciplinary action. [read post]
26 Apr 2017, 11:00 am
Claimant appealed the ALJ's ruling and the Unemployment Insurance Appeal Board affirmed the ALJ's decision.Claimant appealed the Board's ruling. [read post]
