Search for: "MATTER OF RULES OF EVIDENCE"
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23 Dec 2019, 5:42 pm
The appeals court went on to conclude that there was no evidence that the plaintiff had been speeding or driving erratically, nor any evidence to find that, had she been more attentive or cautious, the collision could have been avoided. [read post]
29 Oct 2011, 1:12 pm
” By contrast, the court of appeals refused to apply the fraud exception to the parol evidence rule to these facts. [read post]
7 Mar 2008, 11:36 am
Senate passed a bill to add Rule 502 to the Federal Rules of Evidence. [read post]
29 Oct 2018, 7:23 pm
In 2000, Congress amended the Federal Rules of Evidence to clarify, among other things, that Rule 702 had grown past the Supreme Court’s tentative, preliminary statement in Daubert, to include over a decade and half of further judicial experience and scholarly comment. [read post]
18 Dec 2012, 8:11 pm
The court also denied the motion to sever and found that Pennsylvania Rule of Evidence 411, pertaining to the admissibility of insurance matters in civil litigation claims, did not warrant severance. [read post]
31 Oct 2011, 9:58 am
We've blogged about legal translations of foreign-language evidence and the Second Circuit Court's view on this issue. [read post]
3 Aug 2019, 10:23 pm
Thus, because Reynolds’s claim “did not implicate personal or subject matter jurisdiction,” Reynolds’s reliance on this alleged error in his motion “amounted to an impermissible collateral attack on the original judgment. [read post]
4 Sep 2010, 6:58 pm
Here's a litigation tip/reminder from Tort Talk:The Pennsylvania Rules of Evidence differentiate between the proper scope of cross-examination for non-party witnesses versus party witnesses.Section 611(b) of the Pennsylvania Rules of Evidence provides, in pertinent part, as follows:(b) Scope of cross-examination. [read post]
17 Oct 2022, 10:04 am
This is why no matter what the issue is, it is in your best interest to have a skilled criminal defense attorney advocating for you. [read post]
1 May 2009, 10:18 am
The concept of "impeachment by contradiction" does not appear in the Federal Rules of Evidence. [read post]
27 Sep 2011, 4:52 pm
Evidence relying on the 25 percent rule of thumb is thus inadmissible under Daubert and the Federal Rules of Evidence, because it fails to tie a reasonable royalty base to the facts of the case at issue. [read post]
14 Oct 2022, 6:21 pm
Evidence of Proximate Cause in Car Accident Cases On appeal, the court reversed the trial court ruling. [read post]
3 Mar 2023, 8:39 am
What is the “Prior Traversal Rule”? [read post]
17 Feb 2014, 5:26 am
However, brokerage firms, even in litigation, must conduct themselves fairly under the FINRA rules. [read post]
4 Aug 2017, 12:50 pm
The court disagreed that the evidence was prejudicial or misleading, since issues of liability, causation, and damages are matters for the jury, who must take into consideration all of the relevant and material evidence and determine the weight to be given to that evidence. [read post]
26 Sep 2009, 1:05 pm
These two matters are not the first instances of CPOs misappropriating pool participant funds through direct or indirect loans from a pool to the CPO or a related entity. [read post]
2 Aug 2019, 5:06 pm
In the subject case, the appellate court held that the trial court properly ruled that the defendant did not produced sufficient evidence to meet his burden of proof. [read post]
20 Jun 2011, 8:57 am
The Bruno Appliance matter is set for Wednesday. [read post]
7 Jun 2013, 6:56 pm
Here's how the Chronicle article opened:Thousands of felony and misdemeanor drug convictions across Texas may be thrown out after the state's highest court ruled Wednesday that any case with evidence handled by a disgraced Department of Public Safety chemist is suspect.The sweeping ruling is the latest chapter in a saga that began last year with an investigation into the shoddy work of forensic examiner Jonathan Salvador who handled nearly 5,000 drug cases, including… [read post]
31 Aug 2013, 5:08 am
Others, like some photos of someone else’s kid that are sent with expectation of a positive response, clearly matter to the parties but are too fact-specific to matter to other cases. [read post]
