Search for: "MATTER OF RULES OF EVIDENCE"
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21 May 2014, 12:08 pm
The command evidently had its roots in a discovery fight. [read post]
10 Mar 2015, 5:31 am
The Rules of Evidence apply, which means that judges are bound by certain rules governing what they are permitted to consider when deciding a case. [read post]
10 Mar 2015, 5:31 am
The Rules of Evidence apply, which means that judges are bound by certain rules governing what they are permitted to consider when deciding a case. [read post]
3 Mar 2011, 8:25 pm
The transfer of structured settlement payment rights is governed by what are often fairly straightforward rules. [read post]
22 Feb 2021, 8:56 pm
There is evidence of a perception by certain firms that such challenges may well have negative repercussions for them in the future. [read post]
5 Feb 2020, 1:02 am
The court ruled that the plaintiff was a cybersquatter. [read post]
3 Feb 2013, 9:22 am
” Id. at *8 (internal quotations and citations omitted).Of Note: Doe does notstand for a “per se rule that the public authority defense must always be proven by the defendant by a preponderance of the evidence. [read post]
26 May 2020, 3:17 pm
Department of Transportation safety rules. [read post]
24 Oct 2017, 2:04 am
Wellington).Procedural/evidentiary issues: Opposer attempted to enter into evidence certain documents and testimony from a civil matter involving Applicant Virginia Tech and a third-party, but it failed to move for an order allowing same or to obtain applicant's consent, and so the Board excluded that evidence.Opposer submitted via notice of reliance, certain documents produced by Virginia Tech during discovery, but it failed to follow the applicable rules. [read post]
2 Jun 2021, 2:53 pm
Nevertheless, the son argued that the district court could exercise discretion and allow him to withdraw his admissions under Rule 1.511. [read post]
23 Sep 2015, 11:20 am
As a practical matter, the answer is probably yes. [read post]
18 Jun 2014, 7:25 am
The employer has the burden of proving willful misconduct, so in that part of the case it will be obligated to present its evidence through documentation and witnesses.Cases involving the quit versus fired issue as a threshold matter are very complex. [read post]
4 Jan 2016, 4:00 am
The Appellate Division subsequently vacated the lower court’s ruling and treated the proceeding as if it had been transferred to it for a “de novoreview pursuant to CPLR 7804(g),” explaining that Durudogan petition had raised an issue of substantial evidence and should have been initially so transferred to it.Reviewing the matter de novo, the Appellate Division found that substantial evidence supported the City’s determination that… [read post]
13 Apr 2014, 1:36 pm
That does not imply that the probability that the null hypothesis is true given that the evidence against it is that strong is less than .01—the probability of the null hypothesis conditional on the evidence. [read post]
29 Jan 2014, 2:43 pm
By the final hearing on December 9, 2013, this lack of clear evidence was obvious in the tone of the moving parties. [read post]
25 Mar 2014, 8:11 am
Case Name: IN THE MATTER OF THE WORKER’S COMPENSATION CLAIM OF: RICHARD J. [read post]
22 Jan 2013, 12:39 pm
Absent such potential, Boston Gas's motion for judgment as a matter of law on the owned property exclusion was properly denied." [read post]
29 Mar 2020, 7:46 am
HollanderHolding:The United States District Court for the District of Maryland denied a motion for failure to state a claim for (1) breach of contract, in light of ambiguous extrinsic evidence of intent to create a novation, and (2) unjust enrichment, where the existence of a contract governing the subject matter was in dispute.Facts:Plaintiff (“Insurer”) underwrote insurance products brokered and administrated by Defendant (“Agent”). [read post]
17 Jan 2013, 2:44 pm
The sufficiency of the evidence for directed verdict is a matter for the Court to decide, not the jury. [read post]
23 Apr 2017, 2:22 pm
Defendant argues that (1) the district court erred in admitting the return of service as a ‘public record’ under Federal Rule of Evidence 803(8) and (2) the admission of the return of service violated the Confrontation Clause of the Sixth Amendment. [read post]
