Search for: "MATTER OF RULES OF EVIDENCE" Results 5921 - 5940 of 42,210
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8 Aug 2023, 1:47 pm by Michael S. Levine and Alex D. Pappas
Thus, the Fifth Circuit remanded the matter to the district court for further factfinding concerning what indemnify obligations, if any, the insurers owed Copart. [read post]
11 Jan 2016, 2:42 pm
App. at 168 (Order Granting Mot. to Suppress at 7) (internal quotation marks omitted).The district court thereafter set the matter for trial. [read post]
31 May 2012, 2:39 pm
In this case, the district court did not address whether the municipal court properly dismissed the charges against the defendant, did not take any additional evidence, or hold a hearing on the matter, but instead issued a ruling denying the Defendant's motion to dismiss. [read post]
11 Dec 2020, 10:59 am by Rebecca Tushnet
The district court’s alternative rule would allow a court to announce “as a matter of law that a statement is not deceptive even where it could deceive reasonable consumers as a matter of fact. [read post]
25 Nov 2014, 10:44 am
Evid. 407 (the relevant federal rule) explicitly states that post-accident changes to a product are not evidence that an earlier version of the product was defective. [read post]
6 Feb 2013, 11:27 am by Seyfarth Shaw LLP
”  Few appellate courts, or district courts for that matter, have set forth the level of common proof that collective action plaintiffs must set forth at the ultimate certification stage. [read post]
23 Nov 2010, 6:14 am by Schachtman
The Hall decision was based upon Rule 702, but it was followed by Judge Jack Weinstein, who, after conducting two weeks of hearings, entered summary judgment sua sponte against the plaintiffs (animal evidence and all). [read post]
17 Aug 2011, 6:34 am by Rebecca Tushnet
Evidence of a nationwide course of conduct without evidence of Illinois-specific conduct doesn’t trigger the IUDTPA. [read post]
26 Oct 2016, 7:30 am by The Public Employment Law Press
"The matter was remitted to the Appellate Division with directions to remand to the matter Commissioner of Labor “for further proceedings in accordance with the memorandum herein. [read post]
25 Jul 2016, 4:00 am by The Public Employment Law Press
The Appellate Division ruled that the record established that “evacuating occupants of all sizes” is an ordinary part of Drozdowski's duties as a firefighter and thus substantial evidence supports the Deputy Comptroller's conclusion that this incident was not an accident. [read post]
27 Sep 2017, 6:26 pm by APransky
College expenses and child support for children attending college can be complicated matters. [read post]
8 Feb 2017, 4:58 am by Trevor Cutaiar
Review for sufficiency of the evidence was not an option because of plaintiff’s failure to move for judgment as a matter of law or new trial. [read post]
11 Oct 2011, 8:27 pm
In reversing this decision and remanding the matter back to the ALJ, however, the District Court ruled that the judge failed to properly explain the basis for the decision. [read post]
20 Feb 2024, 1:29 pm by Peter S. Lubin and Patrick Austermuehle
Lastly, consumer fraud requires proof by a preponderance of the evidence, which is a lower standard than the clear and convincing evidence required for common law fraud. [read post]
22 Sep 2014, 2:34 pm
At present, some courts have ruled in favor of producing social media content and other rule against it. [read post]
29 Jul 2015, 11:45 am by Pulgini & Norton, LLP
While an IME report under § 11A is sufficient to establish such a matter, it is only regarded as prima facie evidence if it is based on medical evidence and facts that are found to be complete and accurate. [read post]
10 Feb 2010, 3:30 pm by Robert A. Epstein
The article is interesting for its discussion on the rise of the use of such evidence in matrimonial matters in recent years. [read post]
27 Apr 2018, 4:03 am by Foran & Foran, P.A.
  These rules required the defendant to state the subject matter and substance of the expert’s testimony, as well as a summary of the grounds for each opinion provided by the expert. [read post]
11 Sep 2008, 2:59 pm
The 9th next upheld the denial of the Rule 29 motion in light of the evidence presented that the defendant was in fact the guide. [read post]