Search for: "MATTER OF RULES OF EVIDENCE"
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18 Nov 2012, 4:17 pm
The plaintiff in this matter has met these criteria. [read post]
26 Aug 2020, 1:42 pm
Rumpole email rule: five is enough. [read post]
28 Apr 2023, 7:30 am
Lawless resigned as Bar Counsel, her deputy refused to challenge the findings below and cited "significant mitigation" to request that the Supreme Court "exercise its discretion and dismiss this matter. [read post]
29 Jul 2020, 12:00 am
"In Workers' Compensation claims cases involving a suicide the Appellate Division said that the rule is that "the causal relationship between an industrial accident and a resulting mental condition need not be direct and immediate. [read post]
27 Jan 2015, 5:13 am
That rule has no basis in ordinary principles of contract law.In other words, "You know that Yard-Man presumption you've been applying? [read post]
23 Jun 2016, 4:00 am
Ultimately the Board determined that there was insufficient evidence to conclude that the alleged misconduct rose to the level of "harassment, bullying, discriminatory behavior and/or hostile environment" toward Petitioner.* Petitioner then commenced a CPLR Article 78 proceeding to review the Board's determination and to compel the production of the investigation report submitted to the Board by the attorney. [read post]
21 Jun 2013, 1:12 pm
The Court would also have applied the principled exception to the privity rule if necessary. [read post]
9 Jan 2017, 10:06 pm
Pursuant to this doctrine, a fact admitted by a prevailing party in a judicial proceeding is established as a matter of law; the admitting party may not in a second proceeding dispute the admission or introduce evidence contrary to it. [read post]
14 Jan 2013, 6:01 am
Both parties will be given an opportunity to present evidence as to the correct amount to be paid back and then a hearing on the matter will be held on March 14. [read post]
15 Jan 2019, 6:20 am
There is no evidence that defendant has a history of viewing child pornography. [read post]
2 Dec 2013, 5:00 am
Further, there was no evidence showing the insurance company failed to properly investigate the claim. [read post]
28 Mar 2022, 4:10 am
Gramophones, Paper Money, and Brimmed Hats: Sharia under Colonial Rule. [read post]
31 Mar 2014, 6:22 am
On appeal, the defendant claims that the trial court erred (1) by permitting the victim to make reference to the defendant's prior incarceration, in contravention of its prior ruling on this matter and, additionally, by not sua sponte declaring a mistrial after this testimony was given; (2) in rendering a judgment of conviction of unlawful restraint in the first degree, assault in the third degree, and strangulation in the second degree, in contravention of § 53a-64bb (b), and… [read post]
31 Jan 2022, 9:49 am
No matter where you are in life or what your profession is, anyone can find themselves dealing with some kind of legal issue, whether it has to do with being charged with a DUI, stealing medications, fraud, or domestic violence. [read post]
21 Jul 2023, 7:18 am
Plaintiffs argued that, in the Rule 12 context, it is too early to credit the City's defense that the signs might disrupt the meetings, as there was no evidence that plaintiffs intended to interfere with the City's business.The Court of Appeals holds, in its first case involving the prohibition of signs at public meetings, that the City Council is able to restrict signs because it has authority to regulate how public speech is delivered. [read post]
25 Oct 2021, 12:16 pm
" Noting that the Employer's determination was supported by documentary evidence of Petitioner's misconduct and history of tardiness, the Appellate Division, citing Matter of Adelana v New York City Dept. of Educ., 194 AD3d 463, said that there was nothing in the record to support Petitioner's argument that the Employer made its determination in bad faith. [read post]
17 Dec 2017, 5:09 pm
"To hold otherwise would only encourage employers to withhold evidence or comment on important issues, thereby undermining arbitration as a valuable tool for expeditiously and inexpensively resolving employer-employee disputes. [read post]
27 Jul 2021, 10:50 am
Discovery is the process in which evidence related to the case is exchanged between the parties. [read post]
22 Aug 2023, 6:00 am
Plaintiff appealed the federal district court's ruling. [read post]
14 Aug 2024, 11:31 am
New York tribal courts of civil jurisdiction in divorce and family law matters. [read post]
