Federal Evidence
FRE 803(4): Sixth Circuit Breaks with Eighth Circuit When Interpreting Hearsay Exception for Statements Made for Medical Diagnosis or Treatment
There are a host of exclusions and exceptions to the rule against hearsay. The general theory behind these hearsay “carve outs”...
FRE 702: Ninth Circuit Holds that District Court Erred When it Abdicated Daubert Gatekeeping Role
In many cases, a party needs to offer expert testimony to prove its case. Before such testimony can be presented to...
Federal Circuit Court Roundup: Published Evidence Cases (5/10/19)
Eighth Circuit Case: United States v. Conner, No. 18-1032, 2019 WL 2039858, at *2 (8th Cir. May 9, 2019) Type of...
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...
Federal Circuit Court Roundup: Published Evidence Cases (5/7/19)
Third Circuit Case: United States v. Greenspan, No. 17-2458, 2019 WL 1984187, at *8 (3d Cir. Apr. 17, 2019) Type of...
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.,...