Search for: "MATTER OF RULES OF EVIDENCE"
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20 May 2019, 4:00 am
” Thus, said the court, Plaintiff's failure to accommodate claim fails as a matter of law, citing Borkowski v. [read post]
22 Apr 2021, 7:41 am
In footnote 94, the Board states: "The sole challenge in Booking.com was that 'as a rule, combining a generic term with ‘.com’ yields a generic composite.' Thus, the issue of whether the Board erred in its weighing of evidence was not before the Court. [read post]
28 Dec 2017, 8:30 am
In the matter of In re B. [read post]
12 Jan 2011, 12:12 pm
You might wonder why this matters. [read post]
3 Apr 2017, 3:56 pm
Attempting to overcome the “limited” nature of evidence in support of their nuisance claim, consisting mainly of speculative expert opinions linking drilling and the plaintiffs’ aquifers, plaintiffs in their presentation appealed to outside evidence, which the court had excluded by in limine pretrial rulings. [read post]
14 Aug 2013, 8:41 am
” The district court thus granted judgment as a matter of law. [read post]
6 Jul 2010, 12:00 am
IN THE MATTER OF STATE v. [read post]
9 Jan 2010, 7:02 am
No matter how unlikely or improbable, the plaintiff's allegations must be accepted as true for the purpose of ruling on the demurrer. [read post]
9 Jan 2010, 7:02 am
No matter how unlikely or improbable, the plaintiff's allegations must be accepted as true for the purpose of ruling on the demurrer. [read post]
13 Jan 2015, 8:00 am
In this type of ADR, an arbitrator makes a ruling after hearing the evidence and the parties’ arguments. [read post]
2 Apr 2014, 11:16 pm
The defendant argued that the privilege arises from the “intersect[ion]” of statute, public policy, discovery rules and evidence. [read post]
6 May 2021, 4:54 pm
A juror’s initial view of the case is not what matters. [read post]
24 Jul 2013, 6:23 am
I argued earlier that the “rule requiring notice” (aka the “knock and announce rule”) helps show why “sneak and peek” searching raises Fourth Amendment issues. [read post]
26 Sep 2008, 4:33 pm
We are all affected by this fight, no matter what we do. [read post]
21 Jun 2018, 3:29 am
Generic terms "cannot be rescued by proof of distinctiveness or secondary meaning no matter how voluminous the proffered evidence may be. [read post]
3 Apr 2019, 9:55 am
Nevertheless, the judge suggested that as a matter of good practice, the Hearing Officer should have stated his conclusions on the other grounds. [read post]
11 Mar 2017, 1:02 pm
This is like if I had a rule in my house that says “you must give me one half of the cookies you bake in my oven upon request. [read post]
18 Mar 2013, 7:36 pm
The appellants did not transmit the trial exhibits, even though they heavily relied on them and referred to 28 exhibits in their briefs, ignoring California Rules of Court, rule 8.224(a)(1) and (b)(1). [read post]
21 Jul 2006, 8:55 pm
***April 24, 2003Who Owns the Rules of War? [read post]
26 Feb 2014, 8:41 pm
By a 6-4 vote (two of the 12 circuit judges recused themselves), the court ruled that "the principles of stare decisis" persuade them to "confirm the Cybor standard of de novo review of claim construction, whereby the scope of the patent grant is reviewed as a matter of law." [read post]
