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Maryland, the Supreme Court held that the prosecution must disclose all exculpatory evidence to the defense. The only requirements being that the evidence is favorable to the defendant and material. [1]: 4 Thirteen years later, the Supreme Court defined what it meant for evidence to be material in a case called United States v
He referred to Fry J in Davies v London Provincial Marine Insurance [1] that there is no duty to disclose, even when someone believes facts to be operating on another’s mind. He noted fiduciary relationships can bring an entire duty of disclosure. Uberrimae fidei contracts, including partnership and marine insurance, do too. But also where in ...
The developer did not notify the client before contracts were signed, which led the court to accept Mentmore Towers' counterclaim that failure to disclose this information was a fraudulent misrepresentation. The judge found that they had misrepresented the position in order to avoid the possibility that the client might withdraw from the deal.
The suit alleges Netflix violated U.S. securities laws by making “materially false and/or misleading statements” and failing to “disclose material adverse facts about the company’s ...
Appeals Judge Mary Beck Briscoe dissented, saying Tao’s failure to disclose his time commitments related to his potential position at Fuzhou University, was in fact, material to both agencies ...
Maryland decision, prosecutors in the United States have a duty to disclose exculpatory evidence even if not requested to do so. While the prosecution is not required to search for exculpatory evidence and must disclose only the evidence in its possession, custody, or control, the prosecution's duty is to disclose all information known to any ...
Giglio v. United States, 405 U.S. 150 (1972), is a United States Supreme Court case in which the Court held that the prosecution's failure to inform the jury that a witness had been promised not to be prosecuted in exchange for his testimony was a failure to fulfill the duty to present all material evidence to the jury, and constituted a violation of due process, requiring a new trial. [1]
The Securities and Exchange Commission says that it has settled charges against former WWE CEO Vince McMahon over his failure to disclose to the sports entertainment company's board and others ...