Search for: "MATTER OF RULES OF EVIDENCE"
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24 May 2016, 5:56 pm
The appellants' reply brief noted several specification paragraphs that mentioned algorithms "stored on" computer-readable media or on "a disk," but even absent this support, PTO policy evidently tolerates amendment language limiting claims to non-transitory embodiments even when such language is not explicitly supported, so long as non-transitory interpretations are not ruled out by the specification. [read post]
24 May 2016, 10:37 am
The appellants' reply brief noted several specification paragraphs that mentioned algorithms "stored on" computer-readable media or on "a disk," but even absent this support, PTO policy evidently tolerates amendment language limiting claims to non-transitory embodiments even when such language is not explicitly supported, so long as non-transitory interpretations are not ruled out by the specification. [read post]
31 May 2012, 3:40 pm
In Order No. 15, ALJ Pender ruled on a number of other requests that Apple had made in an omnibus motion to compel. [read post]
2 May 2022, 11:14 am
MoneyGram failed to develop and maintain appropriate policies and procedures regarding the retention of error-related documentation as required by the Remittance Rule or to maintain evidence of EFTA/Regulation E compliance for at least two years as required by Regulation E. [read post]
20 Apr 2013, 2:12 pm
There was no basis for distinguishing between varieties of bearings, and besides, all conflicts in the evidence were construed in favor of the plaintiff at this point. [read post]
9 Aug 2021, 10:21 am
Supreme Court’s ruling in Lucia v. [read post]
12 Oct 2022, 4:30 am
How is that rule going to be enforced? [read post]
22 Jul 2007, 5:33 pm
However, those incidents did not involve individuals who were customers of either party, and the Board found the evidence to be "too vague, ambiguous, and de minimis to constitute persuasive evidence of actual confusion. [read post]
16 Sep 2020, 11:01 am
This includes divorce and family law matters. [read post]
26 Nov 2018, 2:29 pm
Lawyers will recognize a similar concept in the rules of evidence, where hearsay rules permit the introduction into evidence of statements when offered to prove the fact that they were made, rather than to prove the truth of the matter asserted. [read post]
15 Jun 2010, 12:30 pm
Evid. 803(6). [read post]
2 May 2008, 7:21 pm
The Third Circuit is suggesting that it would not matter. [read post]
21 Dec 2018, 9:14 am
This case is considering what the correct approach is to the assessment of medical evidence in asylum claims alleging torture. [read post]
26 May 2016, 7:01 pm
Explicitly rejecting the OFCCP’s argument that the bank failed, as a matter of law, to present proper rebuttal evidence on the question of intentional discrimination, the ARB admonished that “the burden of proof always remains with the OFCCP. [read post]
4 Mar 2015, 4:00 am
The rule on perceived conflict of interest is more complicated. [read post]
29 Jul 2014, 6:44 am
” Cogently referencing the New Jersey Rules of Evidence, the court noted the requirement of personal knowledge with respect to the facts of a matter, where such facts could not be propounded by an agent without risk of same being incomplete or unreliable, or even a form of inadmissible hearsay. [read post]
14 May 2018, 5:00 am
In this matter, the issue of prompt filing and the excuse for not having filed a responsive pleading were noted by the court to be closely intertwined. [read post]
13 Dec 2022, 5:00 am
The court ruled that the Plaintiff’s warning defect theory failed as a matter of law because the Plaintiff admitted in this case that they never even read the warning label on the Defendant’s product.The court therefore found that an unread warning could not be a cause of an injury in a products liability claim. [read post]
12 Apr 2019, 4:00 am
The Appellate Division then ruled that Supreme Court should have permanently stayed the arbitration on the ground that BPTC and the Employee had waived any right to arbitrate the matter.* The Appellate Division noted that "Where a party affirmatively seeks the benefits of litigation, in a manner 'clearly inconsistent with [its] later claim that the parties were obligated to settle their differences by arbitration,' the right to arbitrate has been waived. [read post]
22 Oct 2015, 8:09 am
" Only two new ones so far this year.Debating deterrenceParsing the soft evidence behind harsh rhetoric.Prison Architect, the video gameJust when you thought you'd seen it all.Why criminal justice reform is a conservative causeFrom the National Review.'Colored' lives matter? [read post]
