Search for: "MATTER OF RULES OF EVIDENCE"
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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]
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]
27 Jul 2019, 4:53 am
But there is a difference that could matter: In 1974, the full House had voted to declare an impeachment inquiry opened.... [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]
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]
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]
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]
27 Jan 2017, 6:08 am
Evidence from No-Action Letter Decisions Posted by John G. [read post]
26 Apr 2018, 1:44 pm
Thereafter, the court will have a hearing and rule on the motion. [read post]
26 Apr 2018, 1:44 pm
Thereafter, the court will have a hearing and rule on the motion. [read post]
4 May 2015, 2:30 pm
The court began by reviewing the rules for medical malpractice tribunals, namely that the tribunal cannot examine the weight or credibility of the evidence but rather that it must view the evidence contained in the offer of proof in the light most favorable to the plaintiff. [read post]
1 Mar 2010, 8:19 am
* * * * * "An arbitration award in a mandatory arbitration proceeding will be upheld if it is supported by the evidence and is not arbitrary and capricious" (Matter of State Farm Mut. [read post]
3 Dec 2009, 9:40 am
Texas is scheduled to carry out its 24th execution of 2009, tonight in Huntsville, despite evidence that Bobby Woods has mental retardation. [read post]
30 Mar 2017, 4:41 am
United States, which involves the scope of the prosecution’s duty to disclose exculpatory evidence under the Brady rule in a 1984 Washington, D.C., murder case. [read post]
