Search for: "MATTER OF RULES OF EVIDENCE"
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25 Jan 2016, 4:44 pm
The court’s ruling upheld a lower court decision that evidence against the defendant, Aaron Lichtenberger should be suppressed because the search was unconstitutional. [read post]
13 May 2014, 1:34 pm
If so, my question poses no challenge to his story, it is just a matter of clarification. [read post]
27 Nov 2013, 4:10 am
The claim for costs is governed by the Rules of Practice and Procedure, former Rule 14.03 of which provides that costs can be awarded against the Society “where it appears that the proceedings were unwarranted. [read post]
7 May 2018, 1:07 pm
Our recommended revisions include the following: Eliminate the 300-day deadline for a matter to proceed from complaint to post-hearing determination and conform time limits to those set forth in the Federal Rules of Civil Procedure Allow respondents to conduct depositions and written discovery of the Bureau and to obtain third-party discovery and testimony through subpoenas Conform evidentiary rules to the Federal Rules of Evidence, including the… [read post]
3 Apr 2014, 5:00 am
The same concerns might also lead to leaving a hold in place, instead of rethinking matters, when different litigation comes along.We fully appreciate the heads-you-win, tails-I-lose position in which attorneys drafting litigation holds find themselves: Define their preservation terms too narrowly and our side risks being second-guessed down the road for “under-preserving” or, worse yet, spoliation. [read post]
28 Jul 2022, 10:21 am
Amazon did not appeal the jury verdict directly, but rather the district court’s refusal to grant JMOL whose standard asks whether there was sufficient evidence presented at trial such that a reasonable jury could have ruled in the same way that the actual jury ruled. [read post]
31 Jan 2011, 4:05 am
Griffin v Walters, 83 AD2d 618.Although the Department argued that “the technical rules of evidence need not be complied with in disciplinary proceedings before administrative bodies,” the court said that the deficiency in the proof of the Department’s efforts to effect service in Lima “goes beyond the lack of technical compliance. [read post]
25 Aug 2009, 9:07 am
Although an expungement relates to prior criminal occurrences, the proceeding itself is a civil matter. [read post]
16 Oct 2010, 10:04 am
Oct. 4, 2010 Minora, J.).This matter involved a declaratory judgment action brought by Farmers New Century Insurance Company seeking a judicial declaration that the carrier need not provide UIM coverage to the injured party because that party did not meet the definition of an insured under the policy.The underlying facts involved a 2005 motor vehicle accident. [read post]
16 Jan 2008, 10:00 am
Nor does the intent of Congress matter. [read post]
20 Apr 2009, 11:06 am
Of course, they will deny it, but if you have evidence that they hired an agent, were paid by the magazine, etc., then it does not really matter what they say because they will be sufficiently impeached before the jury in any event. [read post]
10 Nov 2015, 7:20 am
Evidently this “sovereignty” fetish applies to important matters like trademarks, not the death penalty and stuff. [read post]
27 Oct 2018, 7:52 am
The second, and preferred, interpretation is to say that freedom of speech does not allow anyone to subvert the rule of law. [read post]
28 Oct 2016, 11:00 am
In 2014, the Chairman of the House Oversight Committee Darrell Issa sent a letter to the FTC Chairwoman claiming that certain FTC evidence against LabMD was incomplete and inaccurate. [read post]
5 Feb 2010, 6:00 am
” However, because the defendant moved out of the apartment a few months before, did not have a key, and broke into the premises without the victim’s permission, the court has ruled it was sufficient evidence to support a finding that the defendant did not have an unconditional possessory interest in the apartment. [read post]
2 Dec 2011, 10:05 am
State, 852 So.2d 226 (Fla. 2003), this court pointed out that “an argument that the evidence is totally insufficient as a matter of law to establish the commission of a crime . . . meets the requirement of fundamental error. [read post]
27 Jan 2012, 12:19 am
The sovereignty of the State and its lawful jurisdiction over the inhabitants of the State is a matter of law that is well-established. [read post]
28 Feb 2021, 9:47 am
Ultimately, they held the appeal and remitted the matter to the lower court for review. [read post]
23 Sep 2011, 2:33 pm
We contend that this matter is and should remain a question of state evidence law, not federal constitutional law. [read post]
29 Mar 2011, 5:30 am
After disallowing all the causation testimony, the district court held that the law requires expert evidence to establish causation, and without it, Plaintiff's negligence claim must fail as a matter of law. ... [read post]
