Search for: "MATTER OF RULES OF EVIDENCE"
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1 Oct 2009, 12:59 pm
Because we, as a division, are bound by Williams<D>, we conclude, as did the trial court, that even if appellant were otherwise able to prove his case, he cannot recover as a matter of law. [read post]
3 Jun 2015, 6:16 am
The defendant filed post-trial motions for judgment as a matter of law and, in the alternative, for a new trial. [read post]
19 Mar 2010, 10:43 am
Matters have not improved for businesses in the last ten years. [read post]
22 May 2024, 1:33 pm
Torts -- Defamation per se -- Trial court's verbatim adoption of defendant's proposed final judgment does not require reversal where it was evident that final judgment reflected trial court's independent decision on issues in the case -- Both parties were al [read post]
21 Aug 2013, 1:07 pm
(The Fifth Circuit Court of Appeals, which presides over Texas in federal appellate matters, has ruled that it is NOT. [read post]
6 Jul 2017, 12:29 pm
Defense counsel Adam Thurschwell wants to put two matters on the record. [read post]
26 Mar 2010, 10:03 am
The District Court ruled that the GOP challenge was not aided by the Supreme Court’s Jan. 21 ruling in Citizens United v. [read post]
21 Oct 2010, 6:09 am
A defendant who is not a lawyer is held to the same standards as a lawyer in regard to the rules of evidence, admissibility of evidence, and examination of witnesses as a lawyer would be held. [read post]
19 Nov 2009, 12:33 pm
Villar, No. 08-1154 In proceedings arising after defense counsel in a criminal matter received an e-mail from a juror containing ethnically-biased statements, an order denying defendant's motion to make an inquiry into the validity of the verdict is reversed and the matter remanded where: 1) although the trial court correctly found that Rule of Evidence 606(b) precludes inquiry into juror prejudice; 2) a court has the discretion to conduct such an inquiry… [read post]
15 Jul 2022, 7:58 am
Grounds for Granting Summary Judgment in Dental Malpractice Cases As the matter was filed in federal court, the federal rules of civil procedure applied. [read post]
27 Dec 2016, 6:35 am
The district court also erred in ruling that the employee failed present sufficient evidence suggesting that the purported reasons for his discharge—concerns about patient safety and his failure to follow nursing policy—were pretextual since evidence indicated that his termination may have been motivated by the exercise of his FMLA rights. [read post]
14 Jun 2018, 7:12 am
In some circumstances, that prospect might not matter. [read post]
17 Jun 2014, 4:00 am
To further complicate the matter, the records of the Rockland County Personnel Office indicated that Mallon was appointed Sergeant effective June 1, 1988. [read post]
29 Jun 2015, 12:22 pm
I considered the relevant rules, and noted that District Judge Payne had the Defence before him when he directed the matter to be listed for hearing. [read post]
15 Aug 2020, 4:29 am
The only evidence of such a relationship came from the child=s foster mother, with whom he had lived since he was one year old. [read post]
20 Mar 2013, 4:00 am
For similar reasons, the Appellate Division ruled that it cannot be said as a matter of law that it is unreasonable for employees to rely on the administering authority's interpretation and implementation of its policy and Ethics Code. [read post]
1 Sep 2017, 6:36 am
Following Court Rules Not Easy - and Then You Need Excellent Content! [read post]
Ninth Circuit Discusses Withdrawal Under Rule 36(b); Determines Lower Court Did Not Abuse Discretion
5 Apr 2007, 2:44 am
Once admitted, the matter "is conclusively established unless the court on motion permits withdrawal or amendment of the admission" pursuant to Rule 36(b). [read post]
16 Jun 2020, 6:57 am
The search for primary significance typically includes survey evidence in ex post genericness cases. [read post]
4 Sep 2012, 1:20 pm
An experienced Long Island probate and estate attorney will be able to advise the heir what type of documentation is necessary to help them obtain a favorable ruling from the court granting them the right to inherit the decedent’s assets. [read post]
