Search for: "MATTER OF RULES OF EVIDENCE"
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12 Jun 2024, 3:44 am
The Board denied the motion, ruling that sovereign immunity does not apply to opposition proceedings. [read post]
20 Mar 2023, 7:52 am
[For affirmative misrepresentations this wouldn’t matter, but for omissions state of mind does matter.] (2) Did defendants suppress research into variability of response for financial reasons? [read post]
12 Mar 2009, 4:50 am
Oppenheim [an attorney for the Defendants in other matters] is not a party to this case whose deposition may simply be noticed under Fed. [read post]
15 Jul 2009, 9:56 pm
On September 24, 2008, the Court of Appeals for the Eleventh Circuit ruled in Wright v. [read post]
29 Jun 2010, 2:27 pm
Relying on the death certificate, the Appellate Division reversed the lower court, ruling that National Fuel had not met its burden of establishing as a matter of law that the limitations period had run. [read post]
11 Aug 2024, 9:01 pm
Registrants will now need to determine the materiality of matters that they may not have considered previously. [read post]
6 Jul 2015, 10:40 am
As a preliminary matter, the Court rejected the DOL’s 6-factor test, ruling that the agency’s test is “too rigid” and that it is not entitled to “special competence or role in interpreting” the Portland Terminal decision. [read post]
25 Jun 2007, 3:39 am
The court has ruled wisely in this matter. [read post]
19 May 2008, 10:36 am
The panel reserved the right to change its ruling if new scientific evidence emerges. [read post]
15 Jan 2013, 6:04 pm
Dobby’s report, it would seem to be reasonably apparent that the Court wants and needs as much assistance as is necessary on what it clearly sees as an important matter that will require a special hearing of at least one day and that it may be expecting Teksavvy to actually make representations that go well beyond simply “not opposing” the motion.Once again to be completely clear, an ISP respondent to a Rule 238 disclosure motion is fully entitled to test the… [read post]
21 Apr 2023, 1:22 pm
Penalties for Lack of Workers’ Compensation Insurance On appeal, the lower court’s ruling was affirmed. [read post]
9 Nov 2018, 3:55 pm
The differences between the two standards are complex, but as a general rule the Frye standard is more permissible and allows expert evidence to be considered if the methods used by the expert in reaching their conclusion were “generally accepted by the scientific community. [read post]
9 Dec 2008, 4:04 pm
I suppose it's theoretically possible that is true, but there does not appear to be any actual evidence for this view. [read post]
4 Nov 2010, 3:14 pm
Here's how the 4th DCA deconstructed each of the probate court's rulings: all of which were reversed for lack of evidence. [1] Can a court haul a foreign trustee into a Florida court without evidence? [read post]
24 Dec 2012, 6:28 am
Implications For Employers Discovery disputes are often hotly contested matters. [read post]
12 Aug 2021, 4:08 am
In the end, the district court dismissed the case — finding insufficient evidence of ownership. [read post]
6 Apr 2011, 6:26 am
Although D’Cunha argues that the jury erroneously credited the testimony of the Appellee’s witnesses instead of his, in ruling on a motion for judgment as a matter of law, a court may not make credibility determinations and “must disregard all evidence favorable to the moving party that the jury is not required to believe. [read post]
20 Nov 2008, 3:31 am
The court ruled that "if there are facts, however insufficient they may in reality be, from which a prejudiced, or a narrow, or a bigoted mind might derive a particular idea, or belief, it cannot be said that the mind is diseased in that respect. [read post]
14 Oct 2014, 1:46 pm
Commentary In light of the ruling and the ongoing circuit split, brand owners should consider what standard will be applied to a request for TRO or preliminary injunction. [read post]
1 Oct 2011, 11:22 am
Therefore, contrary to its earlier ruling, the court held that both patents were enforceable. [read post]
