Search for: "MATTER OF RULES OF EVIDENCE"
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1 Sep 2017, 4:00 am
"* Further, as the court ruled in Matter of Oberman [New York City Dept. of Citywide Admin. [read post]
29 Apr 2014, 3:08 pm
The Ruling of the Court: On the Standard of Review: As the rules provide, the standard of review of an ALJ's interpretation of the NICA statutory scheme is de novo. [read post]
12 Aug 2013, 4:48 am
This rule also prohibits a plaintiff from asserting a claim based in quasi-contract against a non-party to the express agreement if the claim concerns subject matter covered by the express agreement, Judge Dunston said. [read post]
7 May 2018, 9:41 am
In 2016, the Third Circuit ruled that Facebook authentication required a preponderance of evidence. [read post]
24 Jun 2024, 6:00 am
"Notably, the question of whether a claimant received a reasonable assurance of reemployment for the following academic year is a question of fact and, if the Board's findings in that regard are supported by substantial evidence, they will not be disturbed" (Matter of Gracy [Commissioner of Labor], 182 AD3d 871, 872 [3d Dept 2020] [internal quotation marks and citations omitted]; see Matter of Overacker [Churchville-Chili Cent. [read post]
24 Jun 2024, 6:00 am
"Notably, the question of whether a claimant received a reasonable assurance of reemployment for the following academic year is a question of fact and, if the Board's findings in that regard are supported by substantial evidence, they will not be disturbed" (Matter of Gracy [Commissioner of Labor], 182 AD3d 871, 872 [3d Dept 2020] [internal quotation marks and citations omitted]; see Matter of Overacker [Churchville-Chili Cent. [read post]
17 Jun 2022, 2:09 pm
” The authors begin their analysis of specific causation with a brief acknowledgement that our legal system could abandon any effort to set standards or require rigorous thinking on the matter by simply leaving the matter to the jury.[9] After all, this laissez-faire approach had been the rule of law for centuries. [read post]
15 Oct 2008, 11:16 am
The biggest development is new Rule 502 that was added to the Federal Rules of Evidence. [read post]
26 Dec 2006, 4:08 am
Defendant's motion to dismiss was brought under Rule 12(b) of the Federal Rules of Civil Procedure. [read post]
13 Feb 2012, 8:28 am
Matter of Estate of Baker, 297 N.J. [read post]
13 May 2022, 9:05 am
It does not matter that Tribe has been repeatedly wrong on such claims in the media or pushed strikingly poor advice to Biden leading to major court losses. [read post]
24 Sep 2009, 9:43 am
However, because of strict rules limiting consideration of new evidence, no court has held a hearing on the evidence of Davis' innocence, and he has come within hours of execution. [read post]
3 Mar 2011, 3:26 am
No matter how good you case and justified your claim for damages, the possibility always exists that a jury will not find in your favor. [read post]
13 Jun 2021, 3:18 pm
The ruling was in the context of denying a motion to dismiss under Rule 12(b)(6), so we do not yet know the final outcome if the case goes to trial. [read post]
3 Feb 2014, 12:49 pm
This basic rule embedded in our court system means that a final judgment on the merits of the case by a court with jurisdiction is deemed to be conclusive between the parties as to all matters that were litigated or that could've been litigated in that lawsuit. [read post]
3 Apr 2019, 10:05 am
Jaworski seemed to keep other matters to himself, too. [read post]
22 Feb 2008, 7:19 pm
Once it is determined that a privilege does not prohibit the disclosure of information, the question of whether it is admissible is determined by the rules of evidence. [read post]
11 May 2021, 5:56 pm
Their Employers Bent the Rules — To Pump up CEO Paychecks. [read post]
6 Nov 2011, 1:20 pm
Affidavits are generally inadmissible at trial to prove the matter asserted therein unless they fall under a hearsay exception in the rules or statutes (such as §18.001 affidavits). [read post]
7 Apr 2014, 9:01 pm
” There can be no serious question that Nifong violated this rule. [read post]
