Search for: "MATTER OF RULES OF EVIDENCE"
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18 Feb 2020, 9:20 am
The transmission is the equivalent of a signed paper for all purposes, including, without limitation, the Federal Rules of Bankruptcy Procedure, including Rule 9011, the Bankruptcy Code, and the Local Bankruptcy Rules of this Court. [read post]
18 Feb 2020, 9:19 am
Standard of Review for Motions for Summary Judgment Rule 56 of the Federal Rules of Civil Procedure, made applicable to contested matters by Federal Rule of Bankruptcy Procedure 9014, provides that the Court “shall grant summary judgment if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law. [read post]
18 Feb 2020, 8:43 am
Ninth Circuit Court of Appeals twice ruled that the case should proceed to a trial on its merits. [read post]
18 Feb 2020, 8:00 am
Rules and procedures are revised to meet requirements mandated by new laws. [read post]
18 Feb 2020, 4:49 am
The Supreme Court of Illinois had already ruled that nearly identical claims against one of the defendants in this case must fail as a matter of law, and the circuit court found it necessary to rule against the plaintiff on the same grounds. [read post]
17 Feb 2020, 11:10 pm
Since 1/1/2020, the revised Rules of Procedure of the Boards of Appeal (RPBA2020) are in force. [read post]
17 Feb 2020, 10:05 pm
Let’s discuss this matter in detail. [read post]
17 Feb 2020, 9:01 pm
Constitutional novices sometimes have opined in a way that obscures who—as a legal, constitutional matter—has decision-making authority over federal prosecution. [read post]
17 Feb 2020, 8:50 am
As a matter of fundamental fairness, Mr. [read post]
16 Feb 2020, 11:31 pm
It's entirely possible that the Ninth Circuit will rule on that basis. [read post]
16 Feb 2020, 8:07 pm
What matters here is when the cause of action accrues. [read post]
16 Feb 2020, 11:27 am
A vague rule leads inevitably to arbitrary enforcement. [read post]
15 Feb 2020, 1:36 am
This is usually unintentional in my experience but it does matter. [read post]
14 Feb 2020, 2:55 pm
The defendant filed a motion for summary judgment, arguing that it was entitled to judgment as a matter of law as to the plaintiff’s employment discrimination claims in federal court. [read post]
14 Feb 2020, 1:38 pm
In the reviewing court’s opinion, the plaintiff’s evidence in response to the defendant’s motion for summary judgment did not raise a genuine issue of material fact on the plaintiff’s gross negligence claim (his summary judgment response did not even discuss gross negligence, according to the appellate court); thus, the trial court had been correct in ruling in the defendant’s favor on that part of the case. [read post]
14 Feb 2020, 1:23 pm
Here, the evidence showed that the motorcycle driver had the right-of-way as he proceeded into the intersection and that he applied his brakes; however, he did not blow his horn or try to steer around the dump truck. [read post]
Court dismisses some of trucking association’s challenges to California AB 5, but injunction remains
14 Feb 2020, 8:07 am
The State of California and the Teamsters, as an intervenor, moved to dismiss the CTA’s complaint for lack of subject matter jurisdiction and failure to state a claim under Rule 12(b)(6). [read post]
14 Feb 2020, 7:37 am
The Ferell case, which predates the rules of evidence and the judicial notice rule, discussed radar generally. [read post]
14 Feb 2020, 4:00 am
Perspective matters as well as values. [read post]
13 Feb 2020, 6:43 pm
The pressure would not come directly from the Netherlands NCP, but rather from VEON itself seeking to avoid consequences (in the Netherlands) for the application of Bangladeshi law applied to its subsidiary.The NCP observes that the case concerns rights guaranteed by article 2 of ILO Convention no. 87, which states “Workers and employers, without distinction whatsoever, shall have the right to establish and, subject only to the rules of the organisation concerned, to join… [read post]
