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3 Dec 2009, 1:33 am
defcon9_12_bg_071401.jpg Computer-generated summaries reflecting the insurance company’s indemnity payments and loss adjustment expense payments for insurance claims were admissible as a business record and authenticated under FRE 901(b)(9) by the claims manager who “was familiar with the recordkeeping practices of the company, testified regarding the computer system used to compile and search the insurance claim records, and testified… [read post]
12 Dec 2022, 7:46 am by CMS
In this post, Tobias Seger, an Associate at CMS, comments on the Supreme Court’s decision in Guest v Guest [2022] UKSC 27, handed down by the Supreme Court on 19 October 2022. [read post]
11 Aug 2019, 7:13 am by Charles (Chuck) Rubin
With that framing, the Court determined that the Government’s regulation was not entitled to Chevron deference, and thus opened the door to an exaination whether the primary function and merely incidental requirements were a proper interpretation of the statute without giving substantial deference and advantage to the Government’s purported interpetation.The Court determined the Government’s interpretation under the regulation as improper for various… [read post]
20 Jul 2017, 11:44 pm by Sme
Roosevelt County Board of County Commissioners (10th Cir., July 12, 2017) (affirming magistrate's 12(b)(6) dismissal of Ellison's claim he was fired for arresting his supervisor's friend, reporting misconduct, and refusing to cover up wrongdoing:  his complaint failed to state a plausible claim for relief)Discrimination/Retaliation*Jara v. [read post]
16 Dec 2010, 7:21 am by Kenneth J. Vanko
This is Part V, the final installment, in a series discussing the holding in Reliable Fire Equipment v. [read post]
27 Feb 2015, 1:24 pm
 That's a quick million-dollar-plus profit in less than a year.Companies A and B are still working on getting a movie studio in there. [read post]
4 Aug 2008, 9:36 am
The rent officer's inquiry was restricted to the ‘facilities and services"’specified in para 4(6)(b). [read post]