Search for: "MATTER OF RULES OF EVIDENCE"
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15 Aug 2023, 6:50 pm
Avoid Discussing Your Case One of the cardinal rules when navigating a criminal case and social media is to avoid discussing your case online. [read post]
17 Aug 2023, 3:58 am
There is simply no evidence in the record here that the Spanish-language version of CHURCH BOY TO MILLIONAIRE is such a work. [read post]
9 Mar 2013, 2:53 pm
The court found out with sufficient evidence that she is drunk but still drove her motor vehicle. [read post]
25 Jun 2013, 11:00 am
Neither side presented evidence regarding other indicia of essential character such as relative values and weights. [read post]
9 Aug 2017, 8:03 am
Circuit panel remanded an SEC order approving the Options Clearing Corporation’s proposed rule change to implement a capital plan to help fulfill its role as an FSOC-designated systemically important financial market utility. [read post]
29 Jul 2021, 10:21 am
Johnson, the court admitted it into evidence. [read post]
30 May 2015, 11:04 am
The SCOV reasons that subcontractor also didn’t join general contractor’s “motion to amend its answer; it did not object to the exclusion of [wrap-up insurance] evidence; it did not object to the jury instructions; and it did not move for judgment as a matter of law. [read post]
3 Apr 2013, 4:53 am
Because every rule is defined by its exception, I bring you Mengel v. [read post]
9 Feb 2021, 9:00 am
” Noting that in reviewing a grant of summary judgment, the court it must “construe the evidence in the light most favorable to the non-moving party” and find that “there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law. [read post]
15 Jan 2021, 5:00 am
It was also noted that the expert did not rely upon novel scientific evidence or methodology that has not been accepted in the field of rheumatology.As such, the court ruled that the rheumatologist would not be allowed to testify as to the applicable standard of care, but would be allowed to testify on the causation issues. [read post]
13 Aug 2013, 3:00 pm
Because the plaintiff's decedent did not truthfully answer the question and disclose his criminal arrest record, he made a material misrepresentation as a matter of law and summary judgment was properly granted. [read post]
7 Mar 2019, 4:00 am
" Concluding that the Comptroller's determination was not supported by substantial evidence, the Appellate Division ruled that it must be annulled and remitted the matter to the Comptroller "for further proceedings not inconsistent with this Court's decision. [read post]
22 Jul 2020, 6:58 am
Nor does it matter that Walker was near a crime scene when this all happened. [read post]
18 Feb 2013, 9:51 am
All this sounds very intriguing to Merpel who is constantly looking for evidence of new conspiracy plans .. [read post]
17 Sep 2014, 8:05 am
For example, the Commonwealth Court of Pennsylvania recently issued a decision in the matter of Babu v. [read post]
29 Jul 2014, 8:37 am
The courts will hear evidence of the parties' intent to explain essential terms. [read post]
14 Feb 2018, 6:15 am
In another instance, the court concluded that the challenged evidence was either admissible as a statement against interest or that the evidence was not prejudicial. [read post]
30 Jan 2014, 12:40 pm
On cross-examination the defendant was questioned about his previous conviction as permitted by the Sandoval ruling. [read post]
Applying for accidental disability retirement and performance of duty disability retirement benefits
22 Apr 2014, 4:00 am
" Noting that Petitioner did not file her application for accidental disability retirement benefits within these time limits, the court ruled that neither her receipt of workers' compensation benefits nor the check she received for accrued vacation time qualifies as payments "on the payroll" for purposes of the statute, citing Matter of Schwartz v McCall, 300 AD2d 887.Accordingly, the Appellate Division held that the Retirement Systems determination “that… [read post]
7 Sep 2021, 7:25 am
The basic rule it resolving the denial of an application for accidental disability retirement is that [1] the applicant has the burden of establishing that his disability arose from an accident within the meaning of the Retirement and Social Security Law and [2] the retirement systems denial of such benefits will be sustained if supported by substantial evidence. [read post]
