Search for: "MATTER OF RULES OF EVIDENCE"
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23 Aug 2016, 6:03 am
The Commission also cited pre-Rule 204 guidance on fails and close-outs, settled enforcement actions, and guidance accompanying the adoption of Rules 204 and 204T in support of the argument that participants cannot employ combined purchase-and-sale transactions to circumvent those rules. [read post]
17 Oct 2017, 7:21 am
Summary judgment is a procedural mechanism by which a court can summarily rule in one party’s favor when there are no factual disputes in the case, and the moving party is entitled to judgment as a matter of law. [read post]
8 Oct 2019, 6:05 pm
Although there are clear rules and procedures that a court must use to determine the employee’s average weekly wage, there are often disputes about the evidence admitted to assist the judge with performing the calculation. [read post]
7 Apr 2015, 8:36 am
Dallas insurance lawyers need to know about this ruling from the Northern District, Fort Worth Division. [read post]
9 Jan 2017, 1:15 am
As a matter of fact, the Enlarged Board has analysed and endorsed the established jurisprudence in point 26 of the reasons for the decision:"... [read post]
5 May 2010, 1:09 pm
The Wisconsin court’s application of the undivided fee rule to value that lease at zero as a matter of law simply because the fee simple interest was also being acquired – and to prohibit the VFW from presenting evidence of the lease’s actual value to the jury – ignored its status as Fifth Amendment property, entitled to recognition independent of the fee simple interest, and separate valuation.This Court should grant the writ of certiorari to… [read post]
20 Nov 2010, 3:53 am
The FTC’s new rule says the exemption to the rule for attorneys is subject to state laws, and the State Bar’s interpretation of SB 94 is not actually a law, but with the penalty for non-compliance being a criminal matter, no one has tested the Bar’s interpretation in a court of law. [read post]
13 Dec 2011, 5:18 am
Ultimately, the court held that, Upon considering the aforementioned undisputed evidence and the specific terminology of the settlement agreement, we conclude, as a matter of law, that [the insureds] released [the agent] when they released Travelers from all claims, demands, causes of action and the like relating to the loss for which they sued. [read post]
7 Feb 2009, 12:32 pm
In the Matter of Suffolk Asphalt Supply, Inc. v. [read post]
7 Feb 2009, 12:32 pm
In the Matter of Suffolk Asphalt Supply, Inc. v. [read post]
1 Jul 2009, 4:44 am
Service of the complaint on NYCHHC rather than the hospital, loss of the files in a long intervening period, and failure to purchase an index number when the rules changed. [read post]
27 Sep 2019, 4:46 pm
Accordingly, after considering the evidence in light of the legal factors, the court ruled that the restraint imposed by the deed restriction was reasonable. [read post]
31 Jul 2018, 8:02 am
” While it is unlikely that the rule prohibiting the injection of insurance coverage into a trial will ever change, the courts must be liberal in allowing evidence which demonstrates a potential basis for the expert’s testimony: Greed. ******************************** Contact us at 305-758-4900 or by email to learn your legal rights. [read post]
21 Feb 2013, 12:00 am
Watson Pharma., Inc. , the Federal Circuit Court of Appeals reversed a district court’s holding of invalidity for lack of enablement stating, “Watson failed as a matter of law to show with clear and convincing evidence that Cephalon’s patents require undue experimentation to practice the invention. [read post]
23 Nov 2007, 12:51 am
Sometimes the taxpayer continues to ignore the IRS and the matter proceeds to collection. [read post]
5 Jul 2011, 9:33 am
The Supreme Court ruled for Traveller's 7-2. [read post]
25 Jul 2017, 5:45 am
Of course, Pearson should not have been driving, but the state still has to follow the rules in order to convict him. [read post]
6 Feb 2015, 7:57 am
It could propose a radical simplification of the law, the rules of evidence and the elements of trial. [read post]
28 Feb 2012, 11:00 am
The court concluded, "[t]he terms of the second mortgage, now the only documentary evidence, are insufficient as a matter of law to demonstrate the existence, much less the amount, of a current debt. [read post]
4 Jul 2024, 8:45 am
In many trials, the judge may allow the jury to hear otherwise inadmissible evidence but with an instruction that that evidence may be considered for a limited purpose. [read post]
