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10 Oct 2018, 1:21 pm by Jonathan Holbrook
For example, the arresting officer in a DWI case might first offer lay testimony pursuant to Rules 401 and 602 about any relevant factual matters of which she has personal knowledge (stopping the vehicle, administering field sobriety tests, and talking to the defendant), and then offer expert testimony under Rule 702(a1) regarding the administration and results of an HGN test. [read post]
4 Aug 2015, 8:11 am by Venkat Balasubramani
” The court says that no matter how many times plaintiff repeats her mantra of improper disclosure, the actual language of the policy does not support her claims of breach. [read post]
29 Aug 2012, 12:35 pm
  In 2008, Castrillon became acquainted with Arturo Galarza, who introduced him to Daniel Jasso, an affiliate of Teodoro Garcia Simental, a former lieutenant of a Mexican drug cartel. [read post]
1 Jul 2011, 12:00 pm by Don Cruse
The Court reasoned that the “substantial evidence” review that would have been available from that administrative process was insufficient, in constitutional terms, because administrative agencies do not have power to make fact determinations that are bound up into constitutional questions: As a general matter, we have held that some agency determinations are entitled to preclusive effect in subsequent litigation. [read post]
5 Apr 2017, 7:35 am
The answer, began Mann J, was that it “is a matter of construction of the letter in question” – 10/10 if you wrote that. [read post]
31 Aug 2020, 7:32 pm
Fernand Leger, The Card layer 1923I am delighted to post a draft of a new paper, "The Algorithmic Law of Business and Human Rights: Constructing a Private Transnational Law of Ratings, Social Credit, and Accountability Measures. [read post]
16 Mar 2013, 10:58 am by Rebecca Tushnet
Greenburgh, the mail: placing unmailable matter can be banned too. [read post]
10 Jan 2020, 3:00 am by Jim Sedor
FBI Raids Home, Office of Lobbyist Michael Esposito Connecticut Post – Devlin Barrett, Jonathan O’Connell, and Beth Reinhard (Washington Post) | Published: 1/3/2020 FBI agents investigating a lobbyist who has claimed to have close ties to President Trump and his family searched the man’s home and K Street office for evidence of possible fraud, according to people familiar with the matter. [read post]
23 Sep 2010, 11:56 am by Bexis
  The Court notes that the effect of Wyeth is to strengthen the presumption against preemption that was weakened in Garcia [v. [read post]
9 Jul 2010, 12:27 am by Transplanted Lawyer
In the most narrow view of Federal power, the Federal government may do only those things which fall within the subject matter areas of the enumerated powers – typically defined as those which are explicitly set forth in Article I, section 8 of the Constitution, although there are a few others. [read post]
5 Oct 2017, 7:23 am by Marty Lederman
”  To the same (mistaken) effect, see paragraph 82 of the California complaint and paragraph 27 of the Garcia complaint.)That common assumption is wrong in two important respects. [read post]
21 Oct 2024, 1:34 am by INFORRM
The Defendant’s alleged misconduct, including the misuse of witness statements and the destruction of evidence, constituted serious matters that warranted consideration. [read post]
13 Dec 2009, 6:46 pm
Garcia, 474 F.3d 994 (7th Cir. 2007) (Posner, J.). [read post]
8 May 2024, 3:00 am by Yosi Yahoudai
Then, to further complicate matters, in late July the charred body of a transient who’d been set on fire was discovered in a San Pedro alley. [read post]
3 May 2015, 9:23 am by Eric Goldman
. * Among the many analytical deficiencies of the now-vacated Garcia v. [read post]