Search for: "MATTER OF RULES OF EVIDENCE"
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25 Jul 2012, 12:41 pm
When is a franchise agreement unconscionable and, therefore, unenforceable as a matter of law? [read post]
27 Sep 2013, 5:06 pm
The matter was adjourned. [read post]
27 Nov 2013, 11:03 am
However, we remain hopeful that the CFPB will make good on its commitment that any rule-making on these matters will be evidence-based. [read post]
12 Oct 2018, 3:57 pm
” But, apparently, coercion doesn’t matter. [read post]
23 Aug 2010, 9:48 am
Rule 901(a) of the Federal Rules of Evidence says the “requirement of authentication . . . as a condition precedent to admissibility is satisfied by evidence sufficient to support a finding that the matter in question is what its proponent claims” it to be. [read post]
9 Aug 2022, 7:00 am
The Appellate Division sustained the Supreme Court's ruling explaining that "[t]he fundamental, neutral precept of contract interpretation is that agreements are construed in accord with the parties' intent and the best evidence of what parties to a written agreement intend is what they say in their writing". [read post]
9 Aug 2022, 7:00 am
The Appellate Division sustained the Supreme Court's ruling explaining that "[t]he fundamental, neutral precept of contract interpretation is that agreements are construed in accord with the parties' intent and the best evidence of what parties to a written agreement intend is what they say in their writing". [read post]
4 Jun 2021, 5:12 am
Military Rule of Evidence 606 states the basic rule against questioning the panel members during or after the trial about what went on during deliberations. [read post]
21 Apr 2019, 10:00 pm
Citing to a number of cases, the court overruled the defense's objection and allowed the opinion on the basis that experts are permitted to offer their opinions as to the future treatment required by a Plaintiff's injury or condition based upon facts in evidence that the jury would be warranted in relying upon.References to learned treatises is hearsay in Pennsylvania state court (but allowed in a limited fashion)In yet another pre-trial detailed Order… [read post]
4 Feb 2019, 1:00 am
As to the second issue regarding the apportionment of fees charged by the other experts in the matter, the court ruled that the method set forth in Rule 26(b)(4)(E) be followed. [read post]
4 May 2017, 7:37 am
In this case, the appeals court rejected the trial judge’s conclusion that the director lacked evidence of causation. [read post]
19 Jun 2021, 4:57 am
Pon argues that appellate courts applying the harmless-error rule must consider the defense’s evidence and the error’s potential effect on the jury’s view of the defense’s case, rather than merely focus on the amount of government evidence. [read post]
29 Jun 2010, 7:15 pm
No matter what you year you may die. [read post]
18 May 2016, 7:47 pm
Hanover Law recently filed a responsive brief on just this topic, and I expect the appeals court to issue a ruling in, uh, about three years. [read post]
31 Jan 2016, 1:08 am
On 7 January 2016, RPL Central Pty Ltd filed an application with the High Court of Australia, requesting ‘special leave’ to appeal December’s ruling of a Full Bench of the Federal Court of Australia that its patent claims covering a computer-implemented method of evidence gathering for recognition of prior learning (RPL) were not directed to patent-eligible subject matter (i.e. a ‘manner of manufacture’) under Australian law.The fact that the… [read post]
19 May 2011, 4:30 am
New York rules require the movant to produce evidence at the summary judgment stage in order to perform the risk-utility test. [read post]
27 May 2023, 11:05 am
Authenticity is established by “[t]estimony that a matter is what it is claimed to be. [read post]
1 Oct 2009, 10:59 am
District of Minnesota (rules available here) As an initial matter, the majority of this district's local rules affecting claim construction are found in the Court's model Rule 26(f) report for patent cases. [read post]
10 Sep 2019, 10:10 am
Presenting evidence without explaining why it matters renders that evidence meaningless. [read post]
22 Dec 2022, 6:52 am
In Antitrust Matters, we bring you perspectives of experts and visionaries in the field who discuss where antitrust law has been, where it is going, and why it matters today more than ever before. [read post]