Search for: "MATTER OF RULES OF EVIDENCE"
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4 Jan 2023, 4:43 am
” The Ninth Circuit ruled that the school district failed to show evidence of a “tangible disruption” to school operations that would outweigh the teacher’s First Amendment rights. [read post]
9 Nov 2021, 3:24 am
Amendments to Notice of Claims in Medical Malpractice Matters On appeal, the appellate court reversed the trial court ruling. [read post]
3 Oct 2013, 12:55 pm
The district court first ruled as a matter of law that TecSec’s direct and indirect infringement claims failed for failure of proof that IBM itself or any of its customers performed every claimed step or made, used, sold, offered for sale, or imported any system containing all of the limitations of the asserted claims. [read post]
18 Oct 2012, 7:49 pm
Evid. 611(b). [read post]
19 Nov 2010, 11:10 am
Blog summaries of prior decisions of the Delaware Court of Chancery in this matter are available here. [read post]
2 Nov 2016, 8:58 am
YouTube ruling. [read post]
12 Aug 2016, 1:10 pm
" The appellate court then turned to the matter of the contempt sanction against Steele. [read post]
12 Aug 2016, 1:10 pm
" The appellate court then turned to the matter of the contempt sanction against Steele. [read post]
7 Oct 2012, 12:16 am
However, Prop. 8 makes an exception for balancing under California Evidence Code (hereafter CEC) 352, which gives a court discretion in excluding relevant evidence if its probative value is substantially outweighed by a risk of unfair prejudice, confusion of issues, or misleading the jury.Whitney's statement has logical and legal relavance because the mud on Dean's shoes tends to prove that he was outside on "a rainy night" which would have been necessary to… [read post]
17 Jul 2007, 3:36 pm
It takes the Rules of Professional Conduct to a whole new level. [read post]
15 Jun 2011, 2:59 pm
And, in the wake of the robo-signing scandal in which some lenders and servicers have been caught using affidavits that were signed in mass and without appropriate review, some courts have embraced the "show me the note" defense.However, in at least one trial court in North Carolina there now exists a perceived requirement that a foreclosing party's evidence of existence of a debt is insufficient as a matter of law unless it includes the original note and deed of… [read post]
24 Mar 2015, 7:07 am
In a consolidated matter in which Citibank bankers sought to certify a Rule 23 class and fend off an attempted decertification of a FLSA collective action in suits alleging violations of overtime laws by the bank, a federal district court in New York handed a two-part victory to the employer, declining to certify the Rule 23 class and granting the employer’s motion to decertify the conditionally certified FLSA collective action. [read post]
12 Apr 2014, 6:48 pm
As a rule, the moving party must make a prima facie showing of entitlement to summary relief as a matter of law, producing sufficient evidence in admissible form to demonstrate the absence of any material issue of fact. [read post]
17 Jan 2013, 7:02 am
This week's Daily Record column is entitled "Another NY court on discovery of social media evidence." [read post]
13 Mar 2007, 9:46 am
A New Jersey Appellate Division Court has recently ruled, in the case of State v. [read post]
28 Nov 2018, 9:32 am
The legal process includes many different rules that govern substantive aspects of your claim, like which evidence the other party can present and procedural aspects of your claim such as when you can seek an appeal. [read post]
30 Jul 2019, 2:20 pm
The basis for the later petition to the CSC concerned the exculpatory nature of the withheld evidence and the impact it may have had on the Administrative Law Judge’s decision had it been produced in accordance with the Rules of Administrative Procedure. [read post]
23 Jul 2009, 5:51 am
Rule 41(e) is not intended to deny the United States the use of evidence permitted by the Fourth Amendment and federal statues, even if the evidence might have been unlawfully seized. [read post]
26 Jun 2014, 10:16 am
The general rule in discovery is that a party to litigation is entitled to discover from his adversary "any nonprivileged matter that is relevant to any party's claim or defense. [read post]
30 Sep 2008, 8:44 pm
Apart from thanking your lucky stars that you chose to be a lawyer rather than an investment banker, you can be happy about the recent promulgation of Federal Rule of Evidence 502. [read post]
