Fifth District Court of Appeals Says No More Shot-Gunning No-Evidence Motions for Summary JudgmentHemingson, Tate
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Because probation revocation differs substantially from criminal prosecution and the facts supporting the revocation need only be proved by a preponderance of the evidence, we find substantial evidence to support the trial court's finding that the appellant violated her probation."So, Ms. Bongiovanni h...
Miguel reached out to me because he is terrified of this happening again. Alas, his worries are not groundless. ICE knows that the entire deportation machine will fall apart if the evidence of its wrongful deportation of U.S. citizens is judicially recognized. To delay the inevitable, ICE no...
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Summary judgment is proper when the moving party establishes, through affidavits and other evidence, that there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. Fed. R. Civ. P. 56(c). We review the district court's grant of summary...
Where the district judge has instructed the jury as to the admissibility of evidence and the appellants have failed to show an inability on the part of the jury to compartmentalize the evidence as it relates to each defendant, we have affirmed the trial court's refusal to sever. United ...
(a). My function at the summary judgment stage is not to weigh the evidence, but rather to determine whether there are genuine questions of fact for trial. See Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 249 (1986). If the evidence and pleadings demonstrate that only questions of...
After dismissal of all expert reports as unreliable, there was no evidence remaining in the record that a yarn dealer's "Cashmerino" yarn was falsely labeled as containing cashmere fibers, the U.S. District Court for the Western District of Washington ruled Oct. 29 (Cascade Yarns Inc. v. ...
B and C. In retaliation to Plaintiff for filing the Federal Removal, opposite counsel has advised Mother to disobey this court order, as attested by evidence, Doc. B.4. Plaintiff and minor children have suffered grievous loss without due process protections deserved in these cases. In re ...