Search for: "MATTER OF RULES OF EVIDENCE"
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11 Apr 2014, 12:17 pm
Most importantly, from our perspective, the final proposed amendments excise the much abused “reasonably calculated to lead to the discovery of admissible evidence” language from Rule 26(b)(1) and replace it with proportionality considerations. [read post]
14 Oct 2014, 4:00 am
Ward v City of Long Beach, [20 NY3d 1042. .In contrast, if the matter was determined after an administrative hearing, should the petition before Supreme Court raise a question of whether an administrative determination was supported by substantial evidence the proceeding is to be transferred from the Supreme Court to the Appellate Division to address that issue [See §7804[g] of the Civil Practice Law and Rules.]Where the challenged determination was judicial or… [read post]
23 Feb 2015, 11:27 am
Plaintiff's objection to this proposed testimony was sustained by the trial judge relying on the well-settled rule that extrinsic evidence cannot be used to impeach a witness on collateral matters. [read post]
31 Dec 2015, 4:30 am
Record failed to support employee’s claims that the hearing officer refused to permit spouse testify and refused to receive a police report into evidence Matter of Pellicano (Department of Labor), 2015 NY Slip Op 09161, Appellate Division, Third DepartmentThe Unemployment Insurance Appeal Board ruled, among other things, that Stephen J. [read post]
6 Apr 2010, 3:02 am
The petition presents the following issues: When the Milwaukee Redevelopment Authority took by eminent domain the 11-story downtown building that housed the offices of Post 2874 of the Veterans of Foreign Wars (VFW) as a long-term lessee, the Wisconsin Supreme Court held 4 to 3 that—as a matter of law—the VFW was not entitled to present any evidence of value, nor entitled to recover any compensation whatever for its concededly valuable long-term leasehold. [read post]
18 Mar 2010, 7:35 am
As a practical matter, what does the decision mean for lawyers in New York? [read post]
12 Apr 2018, 8:52 am
Rules of authorization include rules determining when a court has personal jurisdiction and when a legislature has legislative jurisdiction — the power to extend its laws to a matter. [read post]
12 Apr 2018, 8:52 am
Rules of authorization include rules determining when a court has personal jurisdiction and when a legislature has legislative jurisdiction — the power to extend its laws to a matter. [read post]
2 Feb 2015, 5:00 am
The trial court rejected the collateral estoppel argument but found that the UIM carrier was entitled to summary judgment given the lack of evidence produced by the Plaintiff to show that the tortfeasor defendant was underinsured. [read post]
2 Dec 2012, 4:12 pm
This ruling is significant as it is the first time the UK’s highest appeal court has examined antitrust damages claims and shows, alongside several high-profile UK Court of Appeal judgments handed down earlier this year, that the UK courts are gaining experience and confidence in dealing with complex antitrust matters. [read post]
27 Nov 2018, 5:24 am
The injury must be inherently undiscoverable and the evidence objectively verifiable. [read post]
8 Jul 2015, 10:33 am
There are many defenses that may be asserted with respect to allegedly incriminating evidence. [read post]
9 Aug 2010, 4:05 pm
Instead, as amicus curiae California Academy of Appellate Lawyers put it in Reid, “facilitate [meaningful rulings] by choosing [your] battles wisely and only objecting to evidence when it matters. [read post]
9 Jul 2014, 10:24 am
Court’s ruling. [read post]
9 Jul 2014, 10:24 am
Court’s ruling. [read post]
26 Jun 2013, 1:34 pm
What is remarkable is that the authors claim not only an “association,” but causality, in a totally uncontrolled experiment, and without ruling out chance, bias, or confounding. [read post]
16 Jan 2019, 8:15 am
The CFPB states that the report does not include a cost-benefit analysis of the ATR/QM Rule or its provisions, but that “each report does address matters relating to the costs and benefits. [read post]
18 Feb 2014, 9:00 am
Probably, but that requires evidence and a hearing before a judge who can balance the evidence and the decision to impose sanctions. [read post]
21 Nov 2012, 4:47 am
Texas Rule of Evidence 612. [read post]
20 Jun 2015, 10:17 pm
City of Chicago, Nos. 13-3669, 13-3728 (7th Cir. 2015) is no exception to the rule. [read post]
