Search for: "MATTER OF RULES OF EVIDENCE"
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1 Mar 2013, 5:41 am
As to the first issue, the district court judge found that “Dietz's proposed testimony is both relevant under Federal Rule of Evidence 401 and likely to be helpful to the jury under Federal Rule of Evidence 702. [read post]
6 Sep 2021, 2:41 pm
In the subject case, the appellate court found that the trial court’s ruling that the doctrine of judicial estoppel applied was well supported by competent evidence. [read post]
28 Oct 2009, 12:48 pm
The Ninth Circuit ruled as a matter of first impression that it is permissible for an employer to reduce pay rates to achieve cost neutrality under the Fair Labor Standards Act ("FLSA") in conjunction with the implementation of a 12-hour shift program. [read post]
28 Oct 2009, 12:48 pm
The Ninth Circuit ruled as a matter of first impression that it is permissible for an employer to reduce pay rates to achieve cost neutrality under the Fair Labor Standards Act ("FLSA") in conjunction with the implementation of a 12-hour shift program. [read post]
30 Nov 2023, 6:41 am
“New hire forces law firm’s disqualification” — “A law firm could not avoid disqualification by screening a newly hired associate from a client matter in which she had a conflict of interest, the New Mexico Supreme Court has ruled in reversing judgment. [read post]
5 May 2020, 8:00 am
" In Matter of Murphy [Copake-Taconic Cent. [read post]
15 Mar 2017, 7:37 pm
We're going to fight this terrible ruling. [read post]
9 Dec 2013, 6:00 am
The City additionally asserted that the Plaintiff has failed to show any evidence of actual constructive notice of the sidewalk defect on behalf of the City. [read post]
17 Nov 2022, 5:00 am
The court in this matter noted that it did not appear that these particular factors had yet been adopted in the Third Circuit but had been utilized in other federal circuits. [read post]
5 Jun 2014, 7:11 am
[Why the Superior Court would list this notable, trend-setting Opinion as “non-precedential” is puzzling to say the least].Automobile Event Data RecorderSurely, it is only a matter of time before this rule of admissibility is also applied in the civil litigation context.Once that happens (or even already), the issue becomes whether a party may assert a spoliation, or destruction of evidence, defense against an opposing party for failing to preserve such… [read post]
12 Jun 2020, 5:00 am
The employer Defendant asserted that these claims of independent negligence on the part of the employer should be dismissed because these claims offer no avenue for additional liability to the Plaintiff as the employer Defendant has admitted to an agency relationship will have them held liability if the driver is found to be negligent.This state court judge noted that, although the federal courts have accepted such arguments by Defendant employers in this context and have dismissed negligent hiring… [read post]
24 Oct 2012, 10:30 pm
A parent still has the option of presenting evidence to refute, clarify or supplement the testimony of the GAL. [read post]
7 Aug 2015, 8:34 am
The Second Circuit finds there is no evidence that Mullings knew about the safety risk to Ross posed by the gang members who slashed him. [read post]
9 Dec 2013, 6:00 am
The City additionally asserted that the Plaintiff has failed to show any evidence of actual constructive notice of the sidewalk defect on behalf of the City. [read post]
26 Mar 2013, 1:49 pm
The Court ruled that is seemed “self-evident that a ‘prudent person’ exercising ‘reasonable care, skill and caution,’ would not have approved the transaction proposed” by the buyer. [read post]
14 Apr 2020, 1:00 am
., Dissenting), arose out of a case in which a $10 million dollar verdict was entered in a medical malpractice matter. [read post]
7 Jul 2013, 5:30 am
Expert’s testimony regarding damages flowing from failure to repair circuit boards was sufficiently reliable to be admissible under Rule 702 of the Federal Rule of Evidence. [read post]
5 May 2020, 8:00 am
" In Matter of Murphy [Copake-Taconic Cent. [read post]
24 Feb 2014, 6:00 am
The doctrine of in loco parentis, as applied in primary and high schools, enables the school to stand in for the parents in certain matters -- typically disciplinary enforcement of school rules. [read post]
25 Mar 2016, 1:00 pm
The defendant argued that, even if the warning was defective, the plaintiff could not, as a matter of law, prove warnings causation, because “no admissible evidence show[ed] that [the decedent] would not have taken Motrin if the warnings on the label had been different. [read post]
