Search for: "MATTER OF RULES OF EVIDENCE"
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18 Oct 2021, 5:00 am
The court ruled that the record before it only revealed a valuation dispute. [read post]
22 Jan 2013, 11:59 am
In Ohio Appellate Court finds expert testimony on legal malpractice required, legal ethics expert witness James King writes: In a legal malpractice matter, an Ohio state appellate court affirmed a trial court ruling granting summary judgment to defendant attorneys on the basis that plaintiff failed to present expert testimony establishing that defendants failed to exercise “the knowledge, skill, and ability ordinarily possessed and exercised by members of the legal… [read post]
9 Oct 2014, 4:00 am
”Citing Matter of N. v Novello, 13 AD3d 631, the Appellate Division explained that where, as here, "the relevance of the subpoena is challenged, it is incumbent upon the issuer to come forward with a factual basis establishing the relevance of the documents sought to the investigation" to show "that the material sought bears a reasonable relation to the matter under investigation. [read post]
27 Apr 2014, 4:23 pm
There are no specific formalities required to evidence the revocation of a Totten trust. [read post]
15 Dec 2015, 9:25 am
This is why, for instance, the Federal Rules of Evidence, dealing with the related subject of the courtroom oath, state, “Before testifying, every witness shall be required to declare that the witness will testify truthfully, by oath or affirmation administered in a form calculated to awaken the witness’ conscience and impress the witness’ mind with the duty to do so. [read post]
2 Oct 2015, 1:04 pm
In a matter of first impression, the Court, in United States v. [read post]
7 Aug 2014, 11:12 am
The United States Patent and Trademark Office (USPTO) has very recently rejected multiple claims of Apple's '172 autocomplete patent, including claim 18, the one asserted against Samsung in the second California litigation.Judge Koh had ruled on summary judgment (i.e., ahead of the spring trial) that Samsung infringed it -- but infringement of an invalid patent doesn't matter, and only because the jury was grossly misled about the validity of issued patents in… [read post]
29 Mar 2023, 5:00 am
This matter arose out of medical treatment that included surgery which the Plaintiff alleged resulted in a serious infection that required additional surgery. [read post]
26 May 2016, 7:58 am
Whatever privacy means, it cannot extend to evidence of participation in a crime. [read post]
6 Mar 2013, 6:36 pm
Not surprisingly, there is also no evidence that Radio Systems actually relied on such misleading conduct or silence. [read post]
23 May 2016, 4:27 am
Craig argues that her “timesheets [sic] alone establish, as a matter of law, that she is entitled to overtime wages. [read post]
27 Oct 2017, 4:00 am
The Appellate Division sustained the Board's ruling, explaining that "[A]s claimant had a full and fair opportunity to litigate the issue of misconduct at the disciplinary hearing, the Board properly accorded collateral estoppel effect to the Hearing Officer's factual findings. [read post]
19 Feb 2013, 7:30 am
In a recent development, after a preliminary hearing, the judge ruled that there is enough evidence to try Maffei on all counts, and denied a request to reduce the felonies to misdemeanors. [read post]
5 Nov 2013, 11:57 am
It aided her with activities of daily living as well, training her in safety-related matters. [read post]
15 Nov 2016, 8:25 am
I don't trust the NYT to tell the story straight, so I'm picking my way "Trump Staff Shake-Up Slows Transition to Near Halt" looking for bits of real news and cherry picking evidence of bias:President-elect Donald J. [read post]
6 Jul 2023, 9:01 pm
“Given the recent tahini issues, New Zealand Food Safety has contacted tahini importers directly to explain the more stringent rules, which include importers having to assess and confirm the food they will be importing will be safe before it arrives in New Zealand, checking their supplier’s food safety compliance background, and keeping evidence of their assessments and confirmations. [read post]
28 Sep 2007, 4:31 pm
The mother also asserts that she was not notified of the impending search.In the opinion written by Judge Richard Clifton, "Based on the information available to them, defendants (Safford School District, Wilson, Schwallier and Romero) had 'reasonable grounds' for suspecting that the search of (the girl's) person would turn up evidence that (the girl) had violated or was violating either the law or the rules of the school. [read post]
1 Feb 2008, 4:40 am
Trial Judge Rudi Brewster found "clear and convincing evidence" of litigation misconduct and ordered Qualcomm to pay Broadcom $9.2 million in attorneys' fees and related costs. [read post]
13 Mar 2012, 7:47 pm
Wisconsin Right to Life, 664 F.3d at 153 (“Citizens United thus held as a categorical matter that ‘independent expenditures do not lead to, or create the appearance of, quid pro quo corruption. [read post]
29 Jul 2021, 6:51 pm
According to the Crispino court, this supplanted any previous rule that extrinsic evidence could be used for delivery. [read post]
