Search for: "MATTER OF RULES OF EVIDENCE"
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22 Sep 2022, 5:01 am
As an initial matter, the SCA contains no express preemption clause. [read post]
22 Sep 2022, 5:00 am
However, the court clarified that the Defendant had not impeached the Plaintiff, but rather had offered their evidence as substantive evidence excluded from the rules of hearsay. [read post]
22 Sep 2022, 4:00 am
Since the night of the Mar-a-Lago raid, many of us have asked for the evidence of such an order. [read post]
22 Sep 2022, 3:25 am
Because unprivileged discussions of potential responses to positive drug tests and other employment decision-making between employers, recruiters, drug testing or other internal or external parties could be discovered and used to show pretext, willfulness, retaliation or other evidence helpful to prove discrimination or retaliation claims by the EEOC, disgruntled applicants or employees or both, employers and other parties participating in drug testing or other related hiring, recruiting or… [read post]
22 Sep 2022, 2:00 am
Godina asked the court to dismiss the case, arguing that both the noncompete and the confidentiality agreement were unenforceable as a matter of law. [read post]
22 Sep 2022, 1:12 am
In the past, even more horrifying evidence of Russia’s atrocity and war crimes: mass graves uncovered in Izyum; bodies, according to those that excavated those bodies, showing signs of torture. [read post]
21 Sep 2022, 10:37 pm
One could have a lengthy debate over what standard of review in the U.S. would be comparable to that applied in an EU General Court review of a DG COMP ruling, but it's probably somewhere between the "arbitrary and capricious" and "substantial evidence" standards. [read post]
21 Sep 2022, 1:56 pm
Fourth, the Department of Justice, evidence permitting, should bring cases based on these newly improved laws. [read post]
21 Sep 2022, 1:45 pm
On Sept. 20, Senior Judge Raymond Dearie, the special master chosen by Judge Aileen Cannon to evaluate disputes over the records seized by the FBI from former President Trump’s Mar-a-Lago estate, conducted a preliminary hearing to resolve initial matters and establish a plan for the conduct of the review. [read post]
21 Sep 2022, 11:11 am
In a statement, James said: For too long, powerful, wealthy people in this country have operated as if the rules do not apply to them. [read post]
21 Sep 2022, 6:13 am
As the Court reaffirmed in Shurtleff, “[t]he Constitution . . . relies first and foremost on the ballot box, not on rules against viewpoint discrimination, to check the government when it speaks. [read post]
20 Sep 2022, 6:27 am
Sept. 13, 2022) confirms that the plaintiff has the burden of proof on whether barrier removable is readily achievable, a burden that must be met with evidence at the summary judgment stage. [read post]
20 Sep 2022, 4:05 am
*Tuesday Talk rules apply. [read post]
19 Sep 2022, 12:03 pm
The general rule is that coverage under this provision ‘is only available when access is completely prohibited,’ and that allegations or evidence showing that ‘ease of access was diminished’ do not show that access was prohibited. [read post]
19 Sep 2022, 8:59 am
”Supporting FinCEN in issuing a final rule amending the recordkeeping and Travel Rule regulations under the BSA as they apply to virtual currency transactions (we have blogged on the proposed rule here).Increased funding for technical resources specific to digital asset investigations, “including blockchain analytical tools and the technical infrastructure (e.g., server space or cloud access) needed to ingest and maintain potentially voluminous and complex… [read post]
19 Sep 2022, 7:23 am
Addressing contempt in family law cases can often be a complex matter. [read post]
19 Sep 2022, 6:46 am
’s call on Israel to further investigate the matter seems to be its view that either the soldier violated the Rules of Engagement and acted recklessly, and should therefore be investigated and prosecuted—or that the soldiers acted according to the Rules of Engagement, and the Abu Akleh incident shows that the rules should therefore be reviewed and potentially revised. [read post]
Chamber, four associations oppose SEC’s proposal to ease shareholder proposal inclusion restrictions
19 Sep 2022, 6:15 am
The amendments would state that a proposal “substantially duplicates” another proposal previously submitted for the same shareholder meeting if it addresses the same subject matter and seeks the same objective by the same means.Resubmission. [read post]
19 Sep 2022, 6:06 am
But the ICJ has flouted this rule. [read post]
18 Sep 2022, 6:00 pm
”“While certainly novel, contrary to what was reported by the media, we didn’t open any ‘floodgates’ with this ruling,” noted Newman Ferrara senior partner Lucas A. [read post]
