Search for: "MATTER OF RULES OF EVIDENCE"
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24 Jul 2008, 12:30 am
The appellate court ruled that the correct standard of review therefore was "abuse of discretion," not "de novo. [read post]
20 Feb 2013, 6:54 am
The issue in Bailey stems from a prior ruling issued thirty-one years ago, Michigan v. [read post]
30 Oct 2023, 11:00 pm
We discuss moving for class certification under Rule 23, the motion process, supporting evidence, the timing of the ruling, appointing class counsel, modifying or decertifying a class, and notice requirements. [read post]
28 Jul 2014, 10:00 pm
While the employee gets creativity points for this approach, the Court of Appeals pointed out that the Alabama Workers' Compensation Act and the Alabama Rules of Evidence prohibit an employee from using the payment of indemnity and/or medical benefits against an employer as an admission of compensability. [read post]
9 Jun 2014, 9:36 am
The appeals went on to say that it is wrong as a matter of principle to conclude that the State has violated the process of the court or that what has happened jeopardizes the integrity of the criminal justice system, as opposed to its effective operation. [read post]
28 Mar 2013, 3:05 am
If anything, Rule 23(b)(3)’s predominance criterion is even more demanding than Rule 23(a). [read post]
10 Aug 2022, 5:01 am
Circuit or as a policy matter. [read post]
11 Sep 2013, 11:42 am
As for Judge Posner's holding that Apple's patents-in-suit were easy to design around, Apple's counsel argued that the main error Judge Posner made here was that he didn't wait to "hear the actual evidence" but based his decision on his "predictive judgment" as to how he as a fact finder would rule. [read post]
13 Oct 2010, 12:21 pm
Div., A-4853-08T2, October 13, 2010: An action for guardianship of an incapacitated person is governed by statute, N.J.S.A. 3B:12-24 to -29, and court rule, Rule 4:86. [read post]
10 Oct 2013, 4:17 am
When denying the initial Rule 35 motion and later dismissing the second successive post-conviction petition (alleging ineffective assistance of counsel based on the failure to raise the issue of lack of subject matter jurisdiction), the district court addressed only the procedural issues of whether the pleadings were timely. [read post]
13 Jun 2022, 5:10 am
As far as I am aware, if the panel decides to rule on this issue, it would be the first ruling on NVNI outside the WTO context. [read post]
17 Nov 2015, 6:18 am
The NLRB’s characterization of a strike as an unfair labor practice strike was supported by substantial evidence showing that at least part of the employees motive was the company’s refusal to reinstate a prominent union supporter who had been unlawfully discharged three years earlier, ruled the D.C. [read post]
26 May 2016, 7:20 am
Substantial evidence supporting causation. [read post]
20 Feb 2007, 10:00 am
In a divided 2-1 ruling, Boumediene v. [read post]
21 Oct 2011, 12:57 pm
In some circumstances, even when such matters are hotly contested, they may be determined without affidavit evidence. [read post]
17 Jun 2010, 11:45 am
In Matter of Jones v Town of Carroll the court found that landfill operations were similar to mining operations and therefore the Court's recent holding in Glacial Aggregates LLC v. [read post]
10 Dec 2013, 3:06 pm
November 4, 2013) is a straightforward application of the rule from the Festo case and its exceptions. [read post]
17 Jun 2010, 11:45 am
In Matter of Jones v Town of Carroll the court found that landfill operations were similar to mining operations and therefore the Court's recent holding in Glacial Aggregates LLC v. [read post]
8 Jan 2021, 1:59 pm
No matter how it may feel to a Veteran in need of benefits, the rules constrain the VA from granting service connection until a claim meets a certain level of proof. [read post]
29 Apr 2014, 10:08 am
The Ruling of the Court: On the Standard of Review: As the rules provide, the standard of review of an ALJ’s interpretation of the NICA statutory scheme is de novo. [read post]
