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Court Analyzes Psychotherapist-Patient Privilege
Most lawyers are very familiar with the attorney-client and work product privileges, including when they apply and how they might...
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 Allows Stolen Identity Evidence in Drug Case
In federal criminal cases, the government can’t offer so-called “propensity” evidence—evidence that tends to show that, because the defendant also...
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...
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...