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Admissibility Admissible Evidence

International Lawyers Network

One Sheet To Rap Sheet: Evaluating Proposed Federal Rule For Using Lyrics & Creative Writing To Prove Crimes

In a list of Music Industry Terms Every Artist Should Know, “One Sheet” is defined as a “single-page document that highlights an artist’s new music and summarizes their bio, stats, and achievements. It’s given to media,...more

Stark & Stark

New Mexico Trial Court Upholds Admissibility of Diffusion Tensor Imaging (DTI)

Stark & Stark on

In a recent judicial ruling that adds to the growing body of case law affirming the legal acceptance of advanced medical imaging techniques, the court once again endorsed the admissibility of Diffusion Tensor Imaging (DTI) as...more

Genova Burns LLC

New Jersey Supreme Court Rules Drug Recognition Expert Testimony Admissible Under the Daubert-Accutane Standard

Genova Burns LLC on

On November 15, 2023, the New Jersey Supreme Court released its decision on the much anticipated issue of whether Drug Recognition Expert (DRE) testimony is admissible under New Jersey Rule of Evidence 702. The Court...more

Proskauer - Minding Your Business

Using Demonstrative Exhibits as Admissible Evidence Under California Law

During trial, lawyers make many strategic decisions to try to appeal to a jury. For example, they consider not only the substance of the evidence they present, but also the emotional impact of that evidence. But the impact...more

Steptoe & Johnson PLLC

Education Department: Protections for Absent Parties in Title IX Hearings will not be Enforced

Steptoe & Johnson PLLC on

The U.S. Department of Education announced that it has ceased enforcement of one of the more controversial components of revised Title IX regulations implemented in August 2020. Specifically, the Department will not enforce a...more

Chartwell Law

New Standard of Admissibility for Evidence in Opposition to Summary Judgement Seems to have Emerged Across Florida

Chartwell Law on

The standard of review on a Motion for Summary Judgment is clear in Florida: “Summary judgment is proper if there is no genuine issue of material fact and if the moving party is entitled to a judgment as a matter of law.” In...more

Carlton Fields

SDNY Grants 28 U.S.C. § 1782 Application for Discovery in Dispute Involving Republic of Lithuania

Carlton Fields on

The applicant sought to require documents and deposition testimony from an individual located in, and a corporation headquartered in, New York for use in an international arbitration initiated against the Republic of...more

Kilpatrick

E.D.N.Y.: Class certification evidence must be admissible

Kilpatrick on

Takeaway: In a prior post, we reported on the Ninth Circuit’s decision in Sali v. Corona Regional Medical Center, 889 F.3d 623 (9th Cir. 2018) that class certification evidence need not be admissible (Ninth Circuit deepens...more

Sheppard Mullin Richter & Hampton LLP

Ninth Circuit Panel Affirms Inadmissibility Alone is Not a Proper Basis to Reject Evidence in Support of Class Certification

Following the denial of a petition for rehearing en banc, over a spirited dissent, a Ninth Circuit panel issued its amended order on November 27, 2018 in Sali v. Corona Regional Medical Center, holding that evidence need not...more

Kilpatrick

Split Ninth Circuit Cements Circuit Split on Admissibility of Class Certification Evidence

Kilpatrick on

Takeaway: A fractured Ninth Circuit has rejected the opportunity to re-visit a panel decision allowing inadmissible evidence to be considered in ruling on a motion for class certification. This ruling solidifies a glaring...more

Farrell Fritz, P.C.

Hearsay Issues In Surrogate’s Court Hearings And Trials (Presentation)

Farrell Fritz, P.C. on

Presented by John R. Morken, Esq. to the Surrogate’s Association of the State of New York, May 2018. Introduction - A great deal of the evidence offered at a trial or hearing in the Surrogate’s Court is hearsay, or at...more

Jackson Lewis P.C.

Ninth Circuit Concludes That Admissibility Is Not A Factor In Deciding Class Certification

Jackson Lewis P.C. on

On May 3, 2018, in Sali v. Corona Medical Center, et al., Case Number 15-56460, a putative wage-hour class action, the U.S. Court of Appeals for the Ninth Circuit held that evidence does not have to be admissible for it to be...more

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