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The plaintiff must present evidence of a reckless act which shows disregard for the defamed party’s rights, such as failure to properly investigate the truth of the matter, limit the scope of the material, or send the material to only proper parties . [read post]
14 Mar 2013, 11:00 am by Marvin Kirsner
In Banner Health, the employee confidentiality agreements prohibited the sharing of private employee information; moreover, the employer outsourced HR matters to a consultant, who, as a matter of course, upon receiving a complaint, requested that the complaining employee refrain from discussing the complaint with his or her co-workers during the pendency of the internal investigation. [read post]
19 Jun 2009, 2:43 pm
Military Rule of Evidence 509 may preclude accepting evidence from former-Judge Wright, such as an affidavit, explaining the basis for her conviction. [read post]
21 Dec 2011, 6:08 pm by Vincent LoTempio
But none of the questions of who invented really matter now because of the statutory bar. [read post]
16 Mar 2009, 2:13 pm
That provision may well have been unconstitutional as a matter of due process even before Heller, as it seems to impose a punishment before conviction. [read post]
30 May 2014, 7:43 pm by Michael M. O'Hear
Under the Florida approach, however, the score of 70 became a dispositive threshold test: if the defendant could not present a valid score of 70 or lower, then no evidence of deficits in adaptive functioning could be considered, no matter how compelling. [read post]
17 May 2019, 5:00 am by Kirk Jenkins
” Although there’s no shortage of case law, as we’ll discuss in a moment, the basic rules of policy construction are largely a matter of statute in California. [read post]
17 May 2019, 5:00 am by Kirk Jenkins
” Although there’s no shortage of case law, as we’ll discuss in a moment, the basic rules of policy construction are largely a matter of statute in California. [read post]
17 May 2019, 5:00 am by Kirk Jenkins
” Although there’s no shortage of case law, as we’ll discuss in a moment, the basic rules of policy construction are largely a matter of statute in California. [read post]
The MOL has also announced its intention, as part of this overhaul, to conduct a more fulsome review of various ESA exemptions and special industry rules as early as this fall. [read post]
6 Aug 2013, 7:49 am by Gilles Cuniberti
As a matter of fact, the Regulation “introduces even stricter rules than the 1980 Hague Convention on parental child abduction”, “refers directly to the Hague Convention and upholds its principles in European Union law”. [read post]
29 Oct 2009, 2:09 pm by David Schraub
For example, the hesitancy of courts to intervene against security decisions at the front end is perfectly consistent with the broader thrust of American law -- in general, judicial intervention aimed at preventing constitutional violations prior to the fact is the exception and not the rule, particularly in matters (such as the 4th Amendment context) where public or official safety is an important value. [read post]
15 Mar 2016, 8:18 am by Kirk Jenkins
However, the rule is that a partial recovery, as long as it is a net monetary recovery, entitles a plaintiff to costs. [read post]
27 May 2013, 6:20 am by Susan Brenner
As a result of the grievance and what I am assuming is an investigation, the Disciplinary Commission charged Usher with violating these Indiana Rules of Professional Conduct: 3.3(a)(1): Knowingly making a false statement of fact to a tribunal. 8.1(a): Knowingly making a false statement of material fact to the Disciplinary Commission in connection with a disciplinary matter. 8.1(b): Failure to disclose a fact necessary to correct a misapprehension known by the person to have… [read post]
1 Jan 2014, 2:05 pm
  Before the case went to the jury, Romo “moved for judgment as a matter of law as to Count I”, pursuant to Rule 50 of the Federal Rules of Civil Procedure. [read post]
8 Feb 2018, 7:39 am by Andrew Keane Woods
These two questions matter — symbolically, politically, as a matter of precedent — to the rest of the world. [read post]
19 Jul 2008, 2:19 pm
The court ruled that, without evidence rebutting that presumption, P&G didn't need to present further evidence. [read post]