Search for: "MATTER OF RULES OF EVIDENCE"
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8 Jan 2014, 4:04 pm
Implications For Employers The ability to effectively litigate employment matters can sometimes hinge on decisions made regarding preservation of evidence — the scope, timing, and the logistical realities involved. [read post]
26 Jan 2021, 2:58 pm
A significant point to take away from this ruling is that before disciplining employees based on their speech, public entities should consider whether they can produce evidence that the speech has or will disrupt their workplace. [read post]
16 Jan 2007, 10:30 am
. * * * Applying the rule for distinguishing between amendments to matters of form and those of substance, we find that the addition of Count 2 charging a new separate offense constituted an amendment to matters of substance. [read post]
23 May 2019, 10:59 am
Our theme today is the rule of law in cyberspace. [read post]
28 May 2024, 1:19 pm
Lower Courts’ Rulings After a bench trial, the district court invalidated the transfer on two grounds. [read post]
22 Oct 2015, 2:58 am
This doesn't matter: the function of the trade mark is to provide information for the consumer and thereby save time, by redressing the imbalance of information asymmetry. [read post]
30 Jul 2018, 4:00 am
"Where, as here, it is determined by a court that "a contract is ambiguous, its interpretation remains the exclusive function of the court unless determination of the intent of the parties depends on the credibility of extrinsic evidence or on a choice among reasonable inferences to be drawn from extrinsic evidence. [read post]
24 Nov 2021, 6:06 am
Even if it’s evidence of a crime? [read post]
3 May 2014, 12:30 pm
No matter; the parchment dictating the outlying scope of what a reasonable collection of community members might make of the factual evidence was brought down from Mount Olympus and the case dismissed without further ado.In the world of police misconduct litigation, attorneys must predict how judges will view the factual disputes in our cases, and guess whether a judge's preference for one side over the other will be so great that the court will ultimately decide that it would… [read post]
21 Jan 2022, 5:08 pm
The Court made clear that it was not holding invalid the traditional rule of completeness as applied to testimonial statements that would otherwise be admissible under the Confrontation Clause. [read post]
24 Jun 2019, 4:00 am
However, opined the court, that error does not require it to annul the determination, explaining that the "preponderance of the evidence standard" used by the Hearing Officer "is a higher standard than the substantial evidence" standard Petitioner asserts should have been employed. [read post]
31 Dec 2015, 7:37 am
” Calling an agreement a “license” is not dispositive; the precise terms matter for first sale, and here there was no admissible evidence about those terms. [read post]
19 May 2017, 10:59 am
He can get away with this strategy if reviewing courts fail to apply the rule of law and reject results-driven decision making that lacks unimpeachable evidence supporting the harm free consolidation of the wireless marketplace. [read post]
2 May 2023, 8:06 am
" Reviewing that evidence, the Board found that "the internet evidence overall does not support the Examining Attorney’s position that it is common for regular restaurants to offer house-branded wine under the same name as its restaurant, or, for that matter, even wineries to offer on-site restaurants with the same name as the winery-branded wine. [read post]
27 Jun 2017, 8:29 am
While that is good news for plaintiffs, since this ruling is a summary order, its precedential value is limited. [read post]
1 Jun 2020, 3:07 am
It was not clear from the evidence who came up with “LENS ME” first. [read post]
14 Feb 2015, 4:54 am
Unfortunately, there are judges who prohibit contact with jurors, and those rules must be respected. [read post]
28 Feb 2016, 10:26 am
Grits has no problem with the program, but as a practical matter, best case scenario, the result demands redemption without the prospect of forgiveness. [read post]
4 Feb 2022, 1:56 pm
Defendant’s ANSI-specific survey was more persuasive because it was more specific to which safety standards mattered. [read post]
28 Mar 2013, 5:00 am
” Likewise, the court also found that his agreement to arbitrate under AAA rules did not evidence Herrera’s agreement arbitrate any claims brought against him in his individual capacity. [read post]
