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30 Jun 2016, 12:04 pm by Stephen M. Fuerch
The appeals court made its ruling because the employee had provided ample proof at trial to allow the jury to conclude that the employer didn’t really fire an employee with a relatively clean record for possibly stealing a 68-cent vegetable. [read post]
30 Apr 2014, 10:07 am by Mack Sperling
  Instead, "filing" with the appellate court occurs only when the record on appeal is filed or the docket fee is paid. [read post]
16 Feb 2011, 8:46 am
Matter of Smith v Smith 2011 NY Slip Op 00521 Decided on January 25, 2011 Appellate Division, Second Department Without discussion of the facts, the Second Department reversed the finding of a family offense by the Family Court because the record did not support the determination that the husband committed a family offense warranting the issuance of an order [...] [read post]
26 Nov 2008, 6:35 pm
You must protect the appeal by making timely objections when appropriate; following up by a proffer when you are prevented from introducing evidence; and assuring that your request for jury instructions is adequate and, if not accepted by the court, that the record is complete with your proposed instruction. [read post]
8 Apr 2020, 4:05 am
The Board shook off that argument and tossed the appeal out of the TTAB ring. [read post]
21 Dec 2020, 2:56 pm by Lawrence B. Ebert
The outcome: Apotex, Inc. appeals from the judgment of the district court in a patent-infringement suit brought by Eli Lilly & Company under the Hatch-Waxman Act, 21 U.S.C. [read post]
29 Aug 2011, 3:28 pm by Lawrence B. Ebert
§144, which authorizes the Federal Circuit to “review the decision from which an appeal is taken on the record. [read post]
18 Apr 2013, 9:54 am by Evidence ProfBlogger
Similar to its federal counterpart, Hawai'i Rule of Evidence 1002 provides that To prove the content of a writing, recording, or photograph, the original writing, recording, or photograph is required, except as otherwise provided in these rules or by statute.... [read post]
17 Apr 2014, 4:09 am by Evidence ProfBlogger
North Carolina Rule of Evidence 1002, North Carolina's version of the Best Evidence Rule, provides that To prove the content of a writing, recording, or photograph, the original writing, recording, or photograph is required, except as otherwise provided in these... [read post]
5 Jul 2011, 10:51 am by Evidence ProfBlogger
Like its federal counterpart, Ohio Rule of Evidence 1002 (the Best Evidence Rule) provides that To prove the content of a writing, recording, or photograph, the original writing, recording, or photograph is required, except as otherwise provided in these rules... [read post]
10 Nov 2010, 7:33 am by Evidence ProfBlogger
Like its federal counterpart, Idaho Rule of Evidence 1002 provides that To prove the content of a writing, recording, or photograph, the original writing, recording, or photograph is required, except as otherwise provided in these rules or by statute. [read post]
14 Jun 2009, 7:50 am
Federal Rule of Evidence 1002, the Best Evidence or Original Document Rule, indicates that To prove the content of a writing, recording, or photograph, the original writing, recording, or photograph is required, except as otherwise provided in these rules or... [read post]
9 Apr 2010, 1:37 pm by Evidence ProfBlogger
Like its federal counterpart, Kentucky Rule of Evidence 1002, the Best Evidence Rule, provides that To prove the content of a writing, recording, or photograph, the original writing, recording, or photograph is required, except as otherwise provided in these rules,... [read post]
3 Jul 2010, 10:23 am by Evidence ProfBlogger
Like its federal counterpart, Ohio Rule of Evidence 1002 provides that To prove the content of a writing, recording, or photograph, the original writing, recording, or photograph is required, except as otherwise provided in these rules or by statute enacted... [read post]
11 Dec 2011, 6:44 am by Evidence ProfBlogger
Like its federal counterpart, North Carolina Rule of Evidence 1002, the Best Evidence Rule, provides that To prove the content of a writing, recording, or photograph, the original writing, recording, or photograph is required, except as otherwise provided in these... [read post]
18 Jul 2011, 11:46 am by Evidence ProfBlogger
Like its federal counterpart, Texas Rule 1002, Texas' Best Evidence Rule, provides tha To prove the content of a writing, recording, or photograph, the original writing, recording, or photograph is required except as otherwise provided in these rules or by... [read post]
29 Aug 2012, 6:51 am by Matthew L.M. Fletcher
While the interest of the Nation and the Congressionally-presumed interest of Z. in maintaining his heritage weighed against a finding of good cause to deviate from ICWA’s preferences, on this record we cannot say the court erred in weighing all these interests. [read post]