Search for: "MATTER OF RULES OF EVIDENCE"
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18 Aug 2016, 11:41 am
there is no evidence that these parents can work together or communicate effectively. [read post]
26 Feb 2018, 4:39 am
Bergsman).Preliminary matters: The Board began by chastising the parties for their introduction of thousands of pages of testimony and other evidence "without regard to what they needed to prove, apparently in the hope that in wading through it, we might find something probative. [read post]
5 Jan 2017, 9:49 am
But such use of speech as evidence of a person’s motivation (or, for that matter, of what the person actually did) is routine, and doesn’t generally raise a First Amendment problem, see, e.g., Haupt v. [read post]
13 Nov 2018, 4:56 am
In this particular case, relying on Simpson, the trial court ruled that Goodman was entitled to bond. [read post]
5 Mar 2010, 5:47 am
Shary argued that the noncompete was overly broad as a matter of law because it was not limited to the customers that he actually dealt with but instead included all customers existing on the date of his termination. [read post]
3 Apr 2023, 6:39 am
(It might even call for strict liability, if courts read it as saying that, once "sufficient contrary evidence" is known, that's enough for liability even if the author reasonably considers the evidence and contrary evidence and comes to a reasonable though mistaken conclusion. [read post]
9 Jan 2020, 5:00 am
This matter was remanded back to the trial court for an application of the newly articulated work product waiver analysis.Premises LiabilityDecisions handed down in 2019 served to continue the trend of courts ruling that plaintiffs cannot recover for injuries resulting from slip-and-fall events that occur while it is still snowing. [read post]
15 Apr 2010, 5:47 am
The CPVO argued that the appeal was inadmissible on the ground that it dealt only with matters of fact and assessments of evidence and/or that each of the pleas should be rejected and the appeal should therefore be dismissed.The Court of Justice this morning dismissed Schräder's appeal, ordering him to pay costs. [read post]
12 Aug 2022, 7:00 am
If you were older than 16 when the accident happened, this won’t matter because the original 3-year deadline will give you more time to file, so this rule will not apply.During the period before the victim turns 18, the statute of limitations is said to be “tolled” (essentially “paused”). [read post]
10 Aug 2020, 9:03 pm
The recent presidential memorandum purporting to create a new unemployment assistance program out of billions of dollars of CARES Act funds appropriated for other matters is only the latest example. [read post]
1 Feb 2016, 3:26 am
It’s not for me to say whether appellate courts and legislatures should decide as a matter of policy to incorporate into fair value determinations equitable considerations based on the good or bad conduct and motives of the litigants toward one another. [read post]
21 Mar 2014, 4:54 am
A quite effective remedy.FranceIn France, the rules governing interim injunctions in trade mark matters are found in article L. 716-6 of the French Intellectual Property Code. [read post]
19 Feb 2019, 7:33 am
Back in December, the Fourth Circuit ruled on a habeas petition of Dr. [read post]
11 Feb 2019, 9:49 am
See Additional Blog Posts: The Florida Rules of Evidence Play a Major Role in All Personal Injury Accidents, South Florida Injury Attorneys Blog, January 17, 2019. [read post]
4 Mar 2015, 12:09 pm
” Villiard motioned to have additional evidence allowed, due to the complexity of the medical issues involved. [read post]
1 Mar 2007, 1:30 pm
" "There was "sufficient evidence. [read post]
29 Aug 2014, 10:30 am
The appeals court rejected the ruling because the evidence was insufficient to show that being female was a bona fide occupational qualification for supervising female inmates. [read post]
21 Mar 2008, 10:23 am
"It is well-settled that, in interpreting an asserted claim, the court should look first to the intrinsic evidence of record, i.e., the patent itself, including the claims, the specification and, if in evidence, the prosecution history. [read post]
25 Apr 2024, 6:28 am
By the end of the argument, the only difference between his position and Blatt’s was the extent to which courts should weigh the NLRB’s decision to press the matter as evidence that the NLRB ultimately would rule against Starbucks. [read post]
9 Mar 2010, 9:38 am
In that case, the lawyer for the parent making this claim has to file a motion with the Court for a Rule 35 Mental Evaluation. [read post]
