Search for: "MATTER OF RULES OF EVIDENCE"
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19 Jul 2013, 9:17 am
&&& The dynamic evidence page Evidence marshaling software MarshalPlan [read post]
10 Jun 2015, 12:17 pm
The court found that all the claims failed as a matter of law. [read post]
Public Official’s “Influence” over Governmental Decision Sufficient to Establish Hobbs Act Extortion
25 Apr 2014, 11:29 am
Clearly, this is the best practice in any event, as challenges premised on a construction of the charging statute will ordinarily support both a corresponding instruction and a Rule 29 motion for judgment of acquittal. [read post]
20 Apr 2015, 10:10 am
"It didn't seem to matter what my eyes had actually seen," the witness, Christopher Robinson, wrote in an affidavit. [read post]
5 Nov 2013, 6:17 am
This evidentiary rule has been championed as a type of medical tort reform intended to encourage frank discussions with patients and residents as well as their relatives and representatives. [read post]
15 Mar 2015, 5:35 am
The appeals court found, as a matter of fact, the officer had searched the defendant’s purse. [read post]
2 Nov 2016, 12:16 pm
And you can't just refuse to come back to work.Not my rule. [read post]
13 Apr 2014, 5:20 pm
This first turn largely rejected any claim of moral superiority, grounding the discourse on the idea that the institutional context (not your intrinsic moral values) matter the most. [read post]
20 Jun 2023, 11:00 pm
However, where there is no conflict in the evidence, the question may properly be determined as a matter of law. [read post]
7 Dec 2017, 4:00 am
Law seems always to be set apart, no matter how intimately entangled it is with the rest of life. [read post]
2 Jun 2014, 10:00 pm
As the Supreme Court ruled in Ex parte Schnitzer Steel Industries, Inc the report does not have to be solely prepared in anticipation of litigation but there must be evidence that the employer could have reasonably assumed litigation was expected, and for that reason, as well as standard procedure or other reasons, prepared the post accident report. [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]
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]
23 Dec 2013, 1:36 pm
Notwithstanding that the Appellant Division of the Supreme Court agreed that the first count of the indictment should not have dismissed, the Court then considered whether to order a retrial of the matter. [read post]
7 Sep 2013, 6:49 am
Justice DiTomaso's remark seems pretty obvious - shared boundaries and shared resources are quite often the subject matter of litigation. [read post]
7 Jul 2012, 1:41 am
Oracle's motion for judgment as a matter of law on copyrightability is improper because Rule 50 does not apply to issues decided by the Court. [read post]
2 Jan 2015, 4:52 am
Dow had strong evidence that Ms. [read post]
14 Sep 2020, 1:23 pm
§ 101, including assertions that the claimed invention does not consist of well understood, routine, or conventional activity and that the claimed invention is supported by evidence of commercial success, is a district court permitted to overlook the patentee’s assertions, find that the claimed invention is directed to patent ineligible subject matter, and dismiss the patentee’s complaint under Rule 12(b)(6) given the requirements of Rule… [read post]
27 Jan 2011, 5:14 pm
Merrell Dow Pharmaceuticals, Inc., 509 U.S. 589 (1993), and the Federal Rules of Evidence, however, the court explained that the rule fails to tie a reasonable royalty base to the facts of the individual case and, accordingly, affirmed the grant of a new trial on damages. [read post]
12 Jan 2011, 6:57 pm
” Yet in the lacrosse case, the prosecutor broke myriad rules to keep Mangum’s case alive, the local newspaper did everything possible to rationalize Nifong’s behavior, and the local university’s administration and outspoken faculty members bent over backwards to portray their students in the worst possible light. [read post]
