Search for: "MATTER OF RULES OF EVIDENCE"
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10 May 2015, 11:16 am
As it pertains to issues of the weight of the evidence, no matter how minimal, those questions are for the jury to decide, and not the appellate courts. [read post]
12 Feb 2018, 10:34 am
In most personal injury cases, once a plaintiff retains counsel, these matters are left to the attorney handling the case. [read post]
17 Aug 2012, 2:24 am
The applicable rule is 22 NYCRR 1400.3, which mandates that an attorney in a matrimonial matter file a copy of the signed retainer agreement with the court, along with the statement of net worth. [read post]
25 Feb 2024, 5:51 pm
The mother argued this rule does not apply if the trial court did not “actually [consider] jurisdictional facts and [make] a jurisdictional determination. [read post]
15 Oct 2018, 2:42 pm
Here’s what changed, and why it matters for your law firm’s online marketing efforts, particularly legal blogging. [read post]
14 Dec 2018, 1:19 pm
The Supreme Court said that suppression by the prosecution of evidence favorable to an accused who has asked for it violates due process if the evidence is “material” to guilt or to punishment, and it does not matter whether the prosecutor acted in good faith or bad faith. [read post]
30 Mar 2010, 12:51 pm
That became evident when Judge Sweet denied the motions by Myriad and the USPTO to dismiss this case for lack of subject matter jurisdiction, lack of personal jurisdiction, and failure to state a claim upon which relief can be granted. [read post]
29 May 2014, 3:27 pm
Today, the California Supreme Court issued its long-awaited ruling in the matter of Duran v. [read post]
20 Apr 2022, 6:06 am
(For example, the ICC is silent on data privacy within its own Rules of Procedure and Evidence.) [read post]
14 Oct 2013, 3:38 pm
Additionally, the Family Court providently exercised its discretion in drawing a negative inference against the mother for her failure to testify at the hearing as ruled in Matter of Tajani B., Matter of Karen Patricia G., Matter of Christopher L. [read post]
22 Dec 2016, 9:15 am
They recommitted the matter for further findings. [read post]
17 Sep 2024, 4:17 am
However, two exceptions to the “no modification rule” have been recently highlighted by BALCA and are worth noting: A PERM application cannot be denied based on the “no modification rule” where the Form 9089 entry in question is contradicted by supporting evidence that was available at the time of filing, the requested correction was submitted with a Request for Reconsideration under 20 CFR 656.24(g), and the supporting evidence… [read post]
19 Apr 2019, 9:52 am
The Court of Appeals of Tennessee at Nashville’s ruling in Patricia Gay Patterson Lattimore v. [read post]
13 Mar 2023, 5:31 am
She subsequently moved to compel the defendant to comply with specific discovery requests, and if he did not, requested that the court bar him from offering evidence at trial regarding financial matters. [read post]
10 Apr 2016, 5:42 pm
The court ruled that the billing records that were admitted were more than a scintilla of evidence supporting the jury award. [read post]
23 May 2013, 5:00 am
Here, there is, at present, simply no evidence that would permit the Court to conclude that [panel physicians] were agents (or employees) of [defendant], let alone evidence to show that the emails related to matters within the scope of their purported agency. . . . [read post]
14 Aug 2022, 10:15 pm
Recently, a Florida court discussed what constitutes sufficient evidence to sustain a guilty verdict in a white collar crime case, in a matter in which the defendant appealed her conviction. [read post]
23 Nov 2021, 10:29 am
Specifically, it ruled that the evidence suggested to the jury that a third party had concluded that the defendant caused the plaintiff’s harm. [read post]
12 Jan 2018, 4:00 am
Every credible business or parallel entity has processes to manage decision making, with evidence-based business-case requirements and rules. [read post]
31 May 2013, 11:53 am
While noting that exempt status does not involve an “inherently individualized inquiry,” the court remarked that district courts have correctly certified such matters when they “rigorously analyzed the record, weighed the conflicting evidence, resolved material factual disputes, and determined that subsidiary questions involved in resolving exemption will be answerable through evidence generally applicable to the class. [read post]
