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 be waived. But there are a number of other privileges that ...
Tag: Litigation
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 writing that “nly rarely—and in extraordinarily compelling circumstances—will , from ...
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 did some unrelated bad thing, he must have committed the ...
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, No. 19-10964, 2020 WL 6154207, at *12 (11th Cir. Oct. ...
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 purposes of a particular hearsay exception? This question was recently examined ...
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 Case: Criminal Charges/Counts: 42 U.S.C. § 1320a-7(b)(1)(A); 18 U.S.C. § 1952(a)(1), ...
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 cases, was recently the subject of a spirited debate amongst ...
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., that the defendant knew that what he was doing was illegal). Consequently, a ...