Evidentiary Rulings

News & Analysis as of

Fast Five: Rhode Island Appellate Practice - August 2014

Before you file or respond to a motion for summary judgment, consider the following guidance from three recent Rhode Island Supreme Court decisions. 1. TO SURVIVE SUMMARY JUDGMENT, A NON-MOVING PARTY MUST COME FORWARD...more

The ERISA Litigation Newsletter - June 2014

Editor's Overview - In this month's issue, our authors address severance benefit claims and ERISA disclosure requirements. In our first article, Joe Clark addresses whether a plan administrator should conduct an...more

Board Declines to Make Evidentiary Rulings Before the Final Written Opinon

In Sony Corporation v. Yissium Research Development Company of the Hebrew University of Jerusalem, IPR2013-00218, Paper 35 (April 7, 2014) and IPR2013-00219, Paper 41 (April 7, 2014), the patent owner sought an early ruling...more

Tenth Circuit Provides Guidance On The Evidentiary Requirements Of CAFA Removal

In Dart Cherokee Basin Operating Co., LLC v. Owens, No. 13-603, --- F.3d ----, 2013 WL 5200399 (10th Cir. Sept. 17, 2013) (Hartz, J., dissenting), the 10th Circuit denied a petition for rehearing en banc of a petition to...more

Tips For Preserving The Record: The “Opening The Door” Opportunity And The Art Of The Proffer

Trial courts make evidentiary rulings both before and during trial, and trial lawyers should be alert to the opportunity to request the court to revisit its earlier rulings during the course of trial. ...more

Legal Alert: In a Class of Their Own: the Impact of the Supreme Court's October 2012 Term on Class Actions

During its recently concluded October 2012 term, the Supreme Court of the United States decided seven cases that are likely to have a significant impact on class action practice. This term’s decisions addressed evidentiary...more

Comparison And Contrast: Differing Standards For Inferences In Federal And Florida State Courts

Direct evidence of a matter at issue will not always be available; consequently, civil litigants may sometimes establish facts effectively and conclusively with circumstantial evidence. Nielsen v. City of Sarasota, 117 So. 2d...more

Skadden's 2013 Insights: Global Litigation

New legal ground is expected to be broken this year in areas of importance to companies and their directors, officers and executives. We see those developments coming from around the globe and defining the litigation...more

Tips For Trial Counsel On Planning, Preparation, And Preservation: The "Opening The Door" Opportunity And The Art Of The Proffer

Trial courts make evidentiary rulings both before and during trial, and trial lawyers should be alert to the opportunity to request the court to revisit its earlier rulings during the course of trial. See Persaud v. State,...more

To Renew Or Not To Renew: Preserving Objections To Evidentiary Rulings

Under Florida’s Evidence Code, “[i]f a court has made a definitive ruling on the record admitting or excluding evidence, either at or before trial, a party need not renew an objection or make an offer of proof to preserve a...more

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