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1 Apr 2013, 3:00 am
The Court of Appeals found “it is clear the [t]rial [c]ourt’s first ruling that termination was in the best interest[s] of the children was supported by clear and convincing evidence. [read post]
29 Jun 2017, 6:58 am
Bosserman, “[t]rial courts valuing marital property for the purpose of making a monetary award must determine from the evidence that value which represents the property’s intrinsic worth to the parties upon dissolution of the marriage. [read post]
7 Aug 2012, 11:45 pm
“Under a federal law” extends beyond just the “most barebones information” required by the FDA, and instead encompasses all “mate- rials the FDA demands in the regulatory process. [read post]
15 Jan 2009, 4:21 pm
Judge Ryan wrote for the majority, which held that the "[t]rial counsel's invitation to the panel to compare the charged offenses to find modus operandi or propensity was improper, but under the facts of this case the military judge's failure to sua sponte instruct the panel on the use of propensity evidence or take other remedial action did not constitute plain error. [read post]
6 Feb 2011, 7:26 am
Bosserman , “[t]rial courts valuing marital property for the purpose of making a monetary award must determine from the evidence that value which represents the property’s intrinsic worth to the parties upon dissolution of the marriage. [read post]
6 Feb 2014, 1:31 pm
… [T]rial courts around the country have repeatedly determined that social media evidence is discoverable…. [read post]
29 Jun 2017, 6:58 am
Bosserman, “[t]rial courts valuing marital property for the purpose of making a monetary award must determine from the evidence that value which represents the property’s intrinsic worth to the parties upon dissolution of the marriage. [read post]
20 Aug 2012, 6:00 am
Enhancing Juror Comprehension and Memory Retention (1989) [pdf]: "[t]rial attorneys unknowingly present arguments and issues that exceed jurors' capacity to understand. . . . being confused or feeling intellectually inferior is psychologically uncomfortable, and jurors may respond with resentment and antagonism toward the presenting attorney. . . . [read post]
4 Nov 2009, 6:41 am
In this regard, “[t]rial courts are expected to perform a gatekeeper role in determining whether there exists a reasonable need for an expert’s testimony, and what the parameters of that testimony may be. [read post]
10 Feb 2011, 4:42 pm
"[T]rial counsel's duty of effective assistance includes the responsibility to advise the defendant concerning the exercise of [the] constitutional right" to testify at trial (Brown v Artuz, 124 F3d 73, 74, cert denied 522 US 1128; see People v Carpenter, 52 AD3d 729, lv denied 11 NY3d 830; People v Perry, 266 AD2d 151, 152, lv denied 95 NY2d 856). [read post]
8 Jan 2024, 6:00 am
The Court of Appeals quickly disposed of this argument finding that Ybarra was represented by counsel and that the order extending the post-trial motions deadline was not limited to Rule 59 motions (which the magistrate would have been unable to hear) and instead was broad enough to capture post-rial motions that the magistrate could have entertained but which would not have tolled Ybarra’s deadline to appeal. [read post]
5 Jan 2013, 10:32 am
Rial v. [read post]
14 May 2019, 6:08 am
The United States has long promised to ensure trade in humanitarian goods for countries under its economic sanctions. [read post]
4 Sep 2013, 3:32 am
Cir. 2004) (“functional descriptions of genetic mate- rial can, in some cases, meet the written description requirement if those functional characteristics are ‘cou- pled with a known or disclosed correlation between func- tion and structure, or some combination of such characteristics’”) (quoting Enzo Biochem, Inc. v. [read post]
9 Aug 2018, 8:19 am
Since the sanctions deadline passed, the Iranian rial has rebounded, albeit very modestly, and Iranian leaders took some comfort in the robust symbolic and rhetorical support from Europe for preserving the nuclear agreement. [read post]
10 Jun 2010, 9:44 am
Cir. 1999) (concluding that a genuine issue of mate- rial fact existed regarding the background knowledge of one of skill in the art). [read post]
14 Feb 2011, 8:22 am
Seagate changed willful patent infringement in three significant ways: (1) the burden of proof for establishing willfulness fell on the patentee, instead of the accused infringer, (2) the abandonment of the "affirmative duty of care" eliminated the requirement that an accused infringer must produce an opinion of counsel at rial, and (3) if an accused infringer relied on opinion of counsel, the waiver of attorney-client privilege typically did not extend to trial counsel. [read post]
21 May 2012, 4:18 am
He also pointed out that “[t]rials based on newly discovered evidence are disfavored. [read post]
3 Jul 2012, 5:01 am
He wrote in his majority opinion, which was joined by the Supreme Court’s other activist Republicans, that: “[T]rial courts should exercise special care in assessing these types of fraud claims … [and] carefully consider in this context whether insureds can satisfy the reliance factor. [read post]
3 Nov 2019, 3:58 am
En outre, la démarche utilisée par le Parlement canadien pouvait revêtir un caractère superfétatoire, compte tenu de l’absence officielle de modification, par le Parlement impérial, de ses propres règles successorales. [read post]
