Hearsay
S.D. Fla. Federal District Judge Addresses Hearsay and Other Evidentiary Issues in Two Criminal Cases
In many criminal trials, defendants don’t put on an affirmative case. In other words, they don’t call their own witnesses or...
Eleventh Circuit Says District Judge Got 403 Analysis Right
Judge Bruce Selya—a federal appellate judge who sits on the U.S. Court of Appeals for the First Circuit—is fond of...
Eleventh Circuit Upholds Trial Court’s Admission of Both Expert Testimony About Alternative Saw Design and OSHA Reports
In product liability cases, expert testimony is key. A recent decision from the Eleventh Circuit—Crawford v. ITW Food Equip. Grp., LLC,...
The Former Testimony Hearsay Exception: When Can a Court Treat the DOJ and SEC as the Same Party?
When can a court treat the Department of Justice and the Securities and Exchange Commission as the same “party” for...
FRE 801(d)(2)(D): Ninth Circuit Holds Employer Responsible for Employee’s Statement
When can an employer be held responsible for the statements of its employee? This question, which often arises in employment discrimination...
FRE 801(c)(2): Third Circuit Finds Error in Trial Court’s Exclusion of Advice From Lawyer
In a white collar case, the government must typically prove that the defendant had a “criminal” state of mind (i.e.,...