Search for: "MATTER OF RULES OF EVIDENCE"
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9 Jan 2012, 5:41 pm
HMA’s judgment as a matter of law on damages can only be granted if there was insufficient evidence to support the jury’s damages award. [read post]
24 Apr 2012, 11:16 pm
Section (1)(D) of Article 30 contains an exception from the grievance procedure for certain disciplinary matters that are subject to the Local Government Code: Disciplinary matters subject to the appeals procedure provided by Texas Local Government Code Chapter 143 shall not be subject to the grievance/arbitration procedure; provided that such matters, at the employee's election, will be subject to the Civil Service Commission or grievance/arbitration procedure under a… [read post]
11 Jan 2017, 10:33 am
Winning a favorable verdict in a Florida auto accident lawsuit isn’t necessarily the last word in the matter. [read post]
25 Jan 2016, 11:34 am
” Therefore, the Court “remand[ed] the matter to the Superior Court for entry of an order requiring SORB to conduct an evidentiary hearing [under the clear and convincing evidence standard], and to cease disseminating Doe’s registry information on the Internet during the pendency of such proceedings. [read post]
10 May 2020, 3:08 am
” “‘In my judgment, the judge’s evaluation of the evidence is not open to criticism and he carried out the balancing exercise correctly,’ Judge Flaux said. [read post]
26 Jun 2010, 8:33 am
Apparently the Supreme Court was swayed enough to allow Troy Davis a chance to present evidence, but did not go so far as provide him a true, 100% new trial of the matter. [read post]
15 Dec 2014, 4:24 am
It didn't matter that the physician didn't have any evidence of treatment efficacy - he or she is a doctor! [read post]
27 Dec 2023, 11:19 am
The Digitalisation Regulation does not apply to the Evidence Regulation and the Regulation No 2020/1784 (Service Regulation) as those regulations “already provide for specific rules on digitalisation of judicial cooperation” (recital 17). [read post]
20 May 2013, 7:43 am
Because indemnification clauses are strictly construed, the Court ruled against CCI. [read post]
14 Jan 2011, 6:22 am
In matters like this, the product itself is on trial and the plaintiff must provide proof that the product was unreasonably dangerous for normal use. [read post]
9 Jun 2008, 7:18 pm
Further, the Court ruled that the trial record did not support a finding of perjury, and therefore the two-level obstruction of justice enhancement was improper.Addressing first Miller's sufficiency-of-the-evidence argument, the Court, as a threshold matter, rejected the Government's argument that Miller waived a sufficiency-of-the-evidence claim on appeal because he did not raise the issue during trial via a motion under Fed. [read post]
28 Oct 2012, 6:56 pm
Supreme Court ruling in Arkansas Department of Health & Human Services v. [read post]
6 May 2016, 11:23 am
” However, both the ALJ’s Initial Decision and the FTC Opinion were admissible under Federal Rule of Evidence 201(b) and Federal Rule of Evidence 803(8)(A)(iii). [read post]
18 Apr 2016, 10:00 pm
Notwithstanding the evidence demonstrating that there was friction and hostility in the relationship between the petitioner and her counsel, and the objectant, an evidentiary hearing should have been held to determine whether such friction and hostility would interfere with the proper administration of the estate and whether the petitioner's appointment as executrix under the will was procured by undue influence (see Matter of Scheu, 29 AD2d 626 [1967]; Matter of… [read post]
12 Aug 2022, 6:50 pm
The underlying factual findings are reviewed for substantial evidence. [read post]
1 Nov 2013, 3:24 pm
Finally, the Court explained that the trial court erred by ruling that a qualified privilege may be lost only by clear and convincing evidence of personal spite or ill will. [read post]
5 Sep 2018, 6:11 am
The rate at which substantive opposition decisions, and decisions on extensions of time to file evidence, have issued since this time are consistent with other data indicating that the reforms have been effective in improving the efficiency of patent opposition proceedings.Even more remarkable, however, is what the data reveals about the effect of recent changes in practice and case law relating to patent-eligibility of ‘contentious’ subject matter, and in… [read post]
25 Jul 2019, 4:00 am
At trial, the district court granted the Defendant’s Rule 50 motion for judgment as a matter of law after Moghalu presented his case. [read post]
27 Oct 2010, 9:38 am
Law Lessons from IN THE MATTER OF EDWIN O. [read post]
5 Sep 2012, 12:15 pm
What are the rules that have to be followed when evidence is gathered from the Web? [read post]
