Search for: "MATTER OF RULES OF EVIDENCE"
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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[Why the Superior Court would list this notable, trend-setting Opinion as “non-precedential” is puzzling to say the least].Automobile Event Data RecorderSurely, it is only a matter of time before this rule of admissibility is also applied in the civil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]
30 May 2013, 11:02 am
The most recent addition to this growing list of common sense FCA rulings is the final ruling in the Folliard matter referenced above. [read post]
4 Jun 2018, 12:25 pm
Be that as it may, today's ruling highlights important similarities between the two cases. [read post]
16 Apr 2015, 2:00 pm
They don’t matter. [read post]
22 Apr 2023, 3:32 am
This matter is far from over. [read post]
9 Apr 2014, 2:28 pm
Further, no valid indictment can result unless the grand jury receives competent evidence of the operability of the firearm, since possession of an inoperable one is not itself violative from the penal law. [read post]
12 Nov 2012, 2:58 am
The Rule does not provide that discovery shall automatically resume as a matter of right. [read post]
