U.S. Courts of Appeals
Federal Circuit Court Roundup: Published Evidence Cases (6/6/19)
First Circuit Case: United States v. Tkhilaishvili, No. 18-1027, 2019 WL 2366361, at *2 (1st Cir. June 5, 2019) Type of...
Federal Circuit Court Roundup: Published Evidence Cases (6/5/19)
First Circuit Case: United States v. Galindo-Serrano, No. 16-2505, 2019 WL 2295463, at *7 (1st Cir. May 30, 2019) Type of...
FRE 803(6): Sixth Circuit Holds that an Email Doesn’t Qualify as a Business Record
In today’s world, email is essential to the functioning of most businesses. Employees use email to communicate about work tasks. Businesses use...
Federal Circuit Court Roundup: Published Evidence Cases (5/24/19)
Sixth Circuit Case: United States v. Wandahsega, No. 18-1219, 2019 WL 2183198, at *7 (6th Cir. May 21, 2019) (see prior...
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”...
Federal Circuit Court Roundup: Published Evidence Cases (5/18/19)
Fifth Circuit Case: United States v. Jones, No. 18-50086, 2019 WL 2127566, at *1 (5th Cir. May 16, 2019) Type of...
Federal Circuit Court Roundup: Published Evidence Cases (5/16/19)
Third Circuit Case: United States v. Trant, No. 18-3199, 2019 WL 2119634, at *1 (3d Cir. May 15, 2019) Type of...
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...