Search for: "MATTER OF RULES OF EVIDENCE"
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30 Sep 2015, 1:18 pm
We agree with the NCAA and these amici that that, as a general matter, courts should not use antitrust law to make marginal adjustments to broadly reasonable market restraints. [read post]
26 Apr 2017, 4:00 am
The law of Defamation continues to be one of the most technical areas of law, with special limitation periods, notice pre-conditions to the commencement of proceedings, special rules of pleading and evidence, and reverse onuses of proof. [read post]
29 Apr 2016, 4:00 am
For example, in Matter of the Town of Callicoon, 79 NY2d 907, the Court of Appeals ruled that a court could vacate an arbitrator’s award if it determines that the award violated a strong public policy. [read post]
2 Jan 2013, 1:19 pm
At the end of the day it doesn't even matter whether or not the ITC grants Samsung's motion to strike. [read post]
29 Jan 2015, 12:29 pm
Noting that the business judgment rule protects managerial and board decisions in the absence of evidence of violations of duty, the court declined “to find that the mere passage of time, without more, is sufficient indicia of bad faith. [read post]
7 Apr 2016, 4:49 pm
Words in a will matter more you could say. [read post]
25 Feb 2024, 10:24 am
First, we deal with whether Rule 59 can save a possible pleading deficiency. [read post]
2 Mar 2021, 5:00 am
Accordingly, the court ruled that the Plaintiff was a full tort Plaintiff relative to this matter. [read post]
3 Nov 2011, 7:52 am
Supreme Court ruled that Skinner may indeed take that route. [read post]
9 Apr 2015, 5:00 am
In granting the Plaintiff’s Motion In Limine to preclude this evidence, the court relied upon the law that a witness may not be impeached or contradicted on a “collateral” matter. [read post]
23 Aug 2008, 5:08 pm
"Indiana thinks that in-person verification with photo ID helps to reduce cheating on legal rules, for both buying wine and voting (and perhaps other subjects,)" wrote Easterbrook, citing the Supreme Court ruling that allowed voter ID checks earlier this year. [read post]
24 Jun 2010, 1:14 am
" The court therefore concluded that "Apollo is entitled to judgment as a matter of law. [read post]
Do We Finally Have a Canadian Re:Sound Copyright “Fitness Tariff” After 8 Years? “Are We There Yet”?
1 Jun 2015, 3:07 pm
Here is the list of the evidence,most of which the Board rejected and the parade of witnesses including the “experts” who presented all of the evidence that in turn led the Board to conclude that:[162] The fact that evidence exists in the matter under consideration does not mean it is reliable. [read post]
17 Jan 2008, 2:24 pm
Circuit reversed that ruling in 2006, 451 F.3d 898, finding contested issues of material fact precluded summary judgment. [read post]
15 Sep 2014, 2:10 am
In the matter of State v. [read post]
9 Jul 2011, 1:57 pm
Without a ruling from the court, the trial lawyer has not preserved the right to appeal on that matter. [read post]
6 Jul 2021, 6:18 am
Goldman argued that Federal Rule of Evidence 301 applies to the Basic presumption at class certification, meaning that once a defendant discharges its burden of production and rebuts the presumption, the plaintiff must carry the burden of persuasion to show price impact. [read post]
22 Mar 2010, 4:36 am
He likewise denied a motion to strike allegations that some of the defendants spoliated evidence (by burning documents and destroying a hard drive), reasoning that at the current stage of the case, the allegations failed to satisfy the standards of Rule 12(f) for striking “redundant, immaterial, impertinent, or scandalous matter. [read post]
8 Jan 2024, 7:17 am
Fortinet, involved eligible subject matter under 35 U.S.C. 101. [read post]
20 Aug 2015, 9:19 am
Highlights of this useful ruling follow: Court of Chancery Rule 30(d)(1) only condones an instruction to a deponent not to answer a question in three instances: (i) to preserve a privilege; (ii) to enforce a limitation on evidence based on an existing direction by the court; or (iii) to present a motion under Rule 30 (d)(3)[e.g., to seek a protective order]. [read post]
