Tag Archives: credibility

Evaluating conflicting testimony and the credibility of witnesses in a disciplinary hearing

A court may not weigh the evidence or reject the choice made by the hearing officer in a disciplinary proceeding where there is conflicting evidence and room for choice exists. Where  there is room for choice, the court may not … Continue reading

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Qualcomm loses first ITC case against Apple, recent San Diego infringement verdict loses credibility

Earlier today, an Administrative Law Judge (ALJ) of the United States International Trade Commission (USITC, or just ITC) issued a preliminary ruling in Qualcomm's favor with respect to one of the three remaining patents-in-suit (out of five originally asserted patents) … Continue reading

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Hearing Officer's credibility determination given "due deference" where there is conflicting evidence in the record

Hearing Officer's credibility determination given "due deference" where there is conflicting evidence in the recordMatter of Buckshaw v DiNapoli, 2019 NY Slip Op 00944, Appellate Division, Third DepartmentThe Employees' Retirement System denied the application filed by Petitioner, a police officer, … Continue reading

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Challenging the credibility of the witness

Challenging the credibility of the witnessGhastin v New York City Dept. of Educ., 2019 NY Slip Op 01152, Appellate Division, First DepartmentThe Plaintiff in this action asked Supreme Court to vacate an Education Law §3020-a arbitrator's award that found the … Continue reading

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