Search for: "MATTER OF RULES OF EVIDENCE"
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24 Feb 2020, 10:13 am
Why This Matters At this juncture, it is unclear whether the appellate court’s ruling in Breest v. [read post]
24 Feb 2020, 10:02 am
Even if as a matter of principle there ought to be such liability, we don’t have 100 years of it. [read post]
24 Feb 2020, 10:00 am
Ruling: distributor liability is a subset of publisher liability. [read post]
24 Feb 2020, 7:17 am
Brandeis for the defendant in error is a very copious collection of all these matters, an epitome of which is found in the margin. [read post]
24 Feb 2020, 6:38 am
" Sloley is a binding, precedential ruling, which takes precedence over summary orders like Sanchez.The Sloley ruling was a terrific turn of events for Sanchez. [read post]
24 Feb 2020, 2:00 am
The court of appeals agreed with the district court in that the evidence showed as a matter of law that Bentley Trucking was not an agent of WD Logistics or Western Dairy. [read post]
23 Feb 2020, 6:55 pm
¶10 Patterson relies on the exceptions to the rule requiring expert testimony by arguing that his “legal malpractice claim can be decided as a matter of law based on undisputed and conceded facts, expert testimony is unnecessary in this case” (emphasis omitted). [read post]
23 Feb 2020, 9:54 am
Smith tells us that Joyce is not convinced the drug should be back on the market,” but really why would any reasonable person care about her view of the matter? [read post]
23 Feb 2020, 8:57 am
Does that matter when trying to ascertain the notional open market rental value? [read post]
23 Feb 2020, 8:57 am
Does that matter when trying to ascertain the notional open market rental value? [read post]
22 Feb 2020, 11:25 am
That would be a matter for an appeal. [read post]
22 Feb 2020, 9:38 am
In these cases, plaintiff has won on the relevant evidentiary standard: likelihood of success on the merits for a preliminary injunction or preponderance of the evidence for a permanent injunction. [read post]
22 Feb 2020, 6:11 am
The Agreement addresses all the key terms between the parties and no party has requested that the court consider extrinsic evidence in making its determination. [read post]
22 Feb 2020, 4:12 am
(“Tagnetics”) in civil contempt of this court’s Order Granting in Part Tagnetics’ Motion to Enforce Settlement Agreement (Doc. 101) and Ordering Other Matters entered on October 25, 2019 (doc. 119) (the “Settlement Enforcement Order”). [read post]
21 Feb 2020, 2:10 pm
There is evidence for both of these arguments. [read post]
21 Feb 2020, 11:32 am
But the Obama-appointee was on a roll; facts, at that point, didn’t matter to Jackson. [read post]
21 Feb 2020, 5:00 am
He also noted that the courts have held that there is no definite or mathematical rule that can be laid down as to the depth or size off a sidewalk depression necessary to give rise to liability on a landowner.After reviewing prior decisions out of Monroe County involving similar facts, Judge Williamson noted in this McKenzie case that, reviewing the evidence in a light most favorable to the Plaintiff, summary judgment was appropriate as the circumstances surrounding the alleged… [read post]
21 Feb 2020, 4:00 am
" The Executive Deputy Comptroller adopted these findings and conclusions and denied petitioner employees' applications for reconsideration.The Appellate Division annulled the Comptroller's determination, granted the petition, and remitted the matter to the Retirement System (164 AD3d 1038 [3d Dept 2018]). [read post]
21 Feb 2020, 4:00 am
" The Executive Deputy Comptroller adopted these findings and conclusions and denied petitioner employees' applications for reconsideration.The Appellate Division annulled the Comptroller's determination, granted the petition, and remitted the matter to the Retirement System (164 AD3d 1038 [3d Dept 2018]). [read post]
21 Feb 2020, 4:00 am
" The Executive Deputy Comptroller adopted these findings and conclusions and denied petitioner employees' applications for reconsideration.The Appellate Division annulled the Comptroller's determination, granted the petition, and remitted the matter to the Retirement System (164 AD3d 1038 [3d Dept 2018]). [read post]
