Search for: "MATTER OF RULES OF EVIDENCE"
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30 Apr 2012, 7:24 am
However, since credibility determinations, the weighing of the evidence, and the drawing of legitimate inferences from the facts are jury functions, not those of a judge ... on a motion for summary judgment, this court cannot find that either set of conclusions about the damaged roof and rain water are correct as a matter of law. [read post]
26 Feb 2022, 8:51 am
This requirement guards against a party’s withholding ‘a recusal application as a fall-back position in the event of adverse rulings on pending matters. [read post]
16 Sep 2015, 10:26 am
Before any court has jurisdiction over the matter, therefore, all administrative remedies must be exhausted. [read post]
19 Jun 2023, 7:14 am
” “Judge Torres said that in following the five-part framework created by a New York federal judge, the banking examination privilege may be overridden so the OCC documents can be used as evidence. [read post]
10 Aug 2014, 5:03 pm
” In fact, it a prior ruling, the Seventh Circuit expressly declined to adopt a rule that a long enough interval between protected activity and adverse employment action will bar any inference of retaliation. [read post]
20 Dec 2007, 7:57 am
").Rule of ConstructionSo, what's all the hullabaloo about the Rule of Construction? [read post]
9 Jan 2023, 4:37 am
Despite the Supreme Court's ruling in Iancu v. [read post]
12 Jun 2015, 10:00 am
The opinion doesn’t squarely address this point, but mentions that “foreign countries” need clarity on recognition matters and cites evidence of official and public reactions to the statute in Palestine. [read post]
21 Mar 2017, 2:00 pm
On the state of the evidence as it stands, it is not open to me to adopt a different valuation or approach from that of either of the experts. [read post]
28 Nov 2017, 10:00 am
Proceedings began with brief preliminary matters. [read post]
25 May 2017, 5:56 am
It does not matter that the employee signed off on the receipt of the employer’s Rules and Regulations. [read post]
7 May 2014, 10:18 am
While disc herniation and limited range of motion based on objective findings may constitute evidence of serious injury, the orthopedic doctor does not comment on the findings and does not rule out whether the injuries were causally related to the accident. [read post]
11 Jun 2013, 1:01 am
The first, on the instruments dealing with civil and commercial matters, was held on Monday 3 June. [read post]
14 Nov 2008, 2:48 pm
Their stated intention (both before the CJ and the CA) was to: Secure a ruling that, save in quite exceptional cases… county courts should give summary judgment without hearing evidence on applications to set a date on a postponed possession order [10] The Court of Appeal had no difficulty in disposing of this argument. [read post]
28 Apr 2010, 6:12 am
This professed neutrality yet obvious policy preference is evident with respect to each element of the new disclosure. [read post]
15 Mar 2013, 12:40 pm
Whatever evidence Motorola may have presented, the real issue is that it was and still is adamant about its 2.25% royalty demand. [read post]
3 Apr 2018, 7:15 am
Brian Cordery and Rachel MumbyWise readers will know that when it comes to matters of the heart, it is often best not to interfere. [read post]
20 Jul 2009, 4:58 am
Spoliation Results In The Shifting Of The Expense Of Class Notice In a third ruling in the case, Judge Jolly ruled that the Defendants had spoliated evidence by destroying "cover sheets" which might have shown whether Defendants had falsely reported a down payment. [read post]
14 Oct 2014, 12:59 pm
Nevertheless, pursuant to Rule 201(b)(2) of the Federal Rules of Evidence, we may take judicial notice of the fact that a filing was made before the PTAB. [read post]
24 Aug 2015, 5:00 am
We love it.Since the Supreme Court never bothered to define “clear evidence” in Levine, the rulings in Rheinfrank and Depakoteprovide another fact pattern against which courts can judge post-Levinepreemption.These cases also disposed of several legal arguments against preemption. [read post]
