Search for: "MATTER OF RULES OF EVIDENCE"
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23 Sep 2022, 4:00 am
The decision by a three-judge panel of the appeals court marks a victory for the Justice Department in its legal battle with Trump over access to the evidence to determine if the former president or his advisers mishandled national security secrets or hid or destroyed government records. [read post]
22 Sep 2022, 3:29 pm
That two of the panel members were, like Judge Cannon, appointed by President Trump further emphasizes that this is a matter of professionalism, not a matter of ideology or the sort of judicial philosophy that reasonably separates conservative from liberal jurists. [read post]
22 Sep 2022, 8:48 am
Such cases would not consider any potential efficiencies and would not be subject to the rule of reason. [read post]
22 Sep 2022, 8:41 am
FINRA Rule 8210 allows FINRA’s enforcement attorneys the authority to investigate matters under its regulatory purview. [read post]
22 Sep 2022, 8:12 am
The court also concluded that the rule of lenity was not applicable in the present case, as the statute was not ambiguous and the framework for comparison was well established. [read post]
22 Sep 2022, 7:00 am
It was only a matter of time before the legal questions surrounding repatriation for Europeans would come into the crosshairs of the European Court on Human Rights (ECHR). [read post]
22 Sep 2022, 6:30 am
An important breakthrough may emanate from the jurisprudential front; in its landmark ruling in Neubauer et al v. [read post]
22 Sep 2022, 6:17 am
Her office has referred the matter to federal prosecutors in Manhattan. [read post]
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]
