News & Analysis as of

Admissible Evidence

Your TCPA Settlements Can’t and Won’t Be Used Against You in a Court of Law (Probably)

by Womble Bond Dickinson on

TCPA Plaintiffs often utilize overly broad discovery demands in an effort to bludgeon a caller into settling an otherwise meritless case. One of the most common tactics is serving boilerplate demands seeking a Defendant’s...more

Fresh From the Bench: Latest Federal Circuit Court Cases

PATENT CASE OF THE WEEK - WesternGeco LLC v. Ion Geophysical Corp., Appeal Nos. 2016-2099, -2100, -2101, -2332, -2333, -2334 (Fed. Cir. May 7, 2018) - In an appeal from an inter partes review, the Federal Circuit...more

Ninth Circuit Concludes That Admissibility Is Not A Factor In Deciding Class Certification

by Jackson Lewis P.C. on

On May 3, 2018, in Sali v. Corona Medical Center, et al., Case Number 15-56460, a putative wage-hour class action, the U.S. Court of Appeals for the Ninth Circuit held that evidence does not have to be admissible for it to be...more

Ninth Circuit Finds Evidence at Class Certification Not Required to Be Admissible - The Last Word on the Issue?

by BakerHostetler on

In a 28-page opinion, a panel of the Ninth Circuit overturned a district court’s denial of class certification, in part, because the lower court required supporting evidence to be admissible. This decision certainly...more

When in Doubt, Assert a Rule 403 Objection, Lest A Corporate Defendant’s Financial Well-being Come into Evidence Through a...

by Butler Snow LLP on

Generally, a corporate defendant’s financial well-being is not admissible evidence at trial for concern that such evidence would encourage a jury to find the corporate defendant liable merely because the corporate defendant...more

Social Media in Litigation: The Increasing Impact and Evolving Standards for Discoverability and Admissibility

by White and Williams LLP on

The explosion and influence of social media over the past decade cannot be overstated. As social media becomes more enmeshed in the fabric of our society, it has also become more prevalent as a potential source of evidence in...more

Pa. Courts Provide New Guidance on Social Media in Litigation

by Pepper Hamilton LLP on

Two recent decisions in Pennsylvania have contributed to the ever-growing body of law covering social media in litigation, providing new guidance to litigants and attorneys on the discoverability, admissibility and relevance...more

Recent Supreme Judicial Court Decisions Highlight How Courts Must Embrace Technological Change

Courts are often faced with the dilemma of applying centuries, or even decades, old law to constantly evolving technological advancements. See, e.g., Transcript of Oral Argument, United States v. Microsoft, No. 17-2 (U.S....more

Court Reminds SEC That Rule 144 Is A Non-Exclusive Safe Harbor

by Allen Matkins on

Just over five years ago, Barry Epling went to breakfast with two of his business colleagues. At the breakfast, he discussed his relationship with Hemp, Inc., explaining that he and his long-time friend and business advisor,...more

Eleventh Circuit Reinstates Former Manager’s Equal Pay Act and Title VII Sex Discrimination Lawsuit

In Bowen v. Manheim Remarketing, Inc., No. 16-17237 (February 21, 2018), the Eleventh Circuit Court of Appeals reinstated the Equal Pay Act and Title VII sex discrimination claims of a former manager of a car auction facility...more

Texas Supreme Court: Error to Exclude Video Without Viewing

by Strasburger & Price, LLP on

“If, as it is often said, a picture is worth a thousand words, then a video is worth exponentially more. Images have tremendous power to persuade, both in showing the truth and distorting it.” Diamond Offshore Serv. Ltd. v....more

Exclusion of Evidence at the PTAB - Does it ever happen?

Experienced PTAB practitioners know that the Board rarely grants motions to exclude evidence in Post Grant proceedings. In this article, we look beyond the grim anecdotes and provide some statistics, as well as the Board’s...more

Elbit Systems Of America, LLC v. Thales Visionix, Inc.

by Knobbe Martens on

Federal Circuit Summaries - Before Moore, Wallach, and Stoll. Appeal from the Patent Trial and Appeal Board. Summary: The PTAB is entitled to weigh the credibility of expert witnesses, and attorney argument cannot be...more

Using Computer-Generated Animation and Simulation Evidence at Trial: What You Should Know

by Butler Snow LLP on

The use of computer-generated animations and simulations is on the rise in courtrooms around the country, and for good reason – animations and simulations can greatly increase jurors’ understanding of complex issues, and are...more

New York State Police Introduce Use of Drones

by Harris Beach PLLC on

Governor Andrew M. Cuomo just announced the launch of the New York State Police Unmanned Aerial System program, which will be used to support law enforcement missions, including disaster response and traffic safety. The...more

Protecting a Facebook personal page from insurer intrusion

by Michigan Auto Law on

Steps Michigan car accident lawyers can take to stop insurance company ‘fishing expeditions’ into the Facebook personal page of clients to harass and intimidate; don’t let your client be made a victim twice - Car accident...more

PTAB Issues New Standard Operating Procedure Addressing Remands from Federal Circuit: The New Standards and How They May Affect...

On November 16, 2017 the U.S. Patent and Trademark Office posted a new Standard Operating Procedure (SOP) addressing the conduct of cases remanded from the Federal Circuit to the Patent Trial and Appeal Board (PTAB). New “SOP...more

Harvey Weinstein and Sexual Harassment Law: “Me Too”

The reports of women who went on the record to accuse Hollywood businessman Harvey Weinstein of sexual harassment, sexual assault, and other abuses, evoked the following recent Twitter message by Alyssa Milano: “If you’ve...more

Not So Fast: Limits of "Settlement Negotiation" Protections

by Ward and Smith, P.A. on

Think Twice Before Assuming Your "Settlement Negotiations" May Not Be Used Against You - Most people who are involved in resolving disputes or negotiating deals for their businesses have seen documents labeled...more

Perspectives on the PTAB Newsletter - October 2017

The PTAB Newsletter is designed to be a valuable resource for all stakeholders in the global patent arena throughout the patent life cycle. To that end, articles will provide perspectives from both sides of the “v” with an...more

Supreme Court Asked to Clarify that Class Certification Evidence Must Be Admissible

by McGuireWoods LLP on

A major California grower has asked the Supreme Court to resolve a circuit split by holding that evidence used to support class certification must be admissible. The U.S. Court of Appeals for the Ninth Circuit is currently...more

Recording Conversations with Your Cellphone: with Great Power Comes Potential Legal Liability

by Varnum LLP on

In the cellphone age, nearly everyone walks around with a multi-tasking recording device in their pocket or purse, and it comes in handy for many of our modern problems: Your dog suddenly started doing something adorable?...more

Corroboration of the Inventor is Necessary, but Evaluated Under a Rule of Reason, Considering the Totality of the Circumstances

In NFC Technology, LLC v. Matal, [2016-1808] (September 20, 2017), the Federal Circuit reversed the PTAB’s final written decision that claims of U.S. Patent 6,700,551 were obvious, and remanded for the board to determine...more

Defence & Indemnity - August 2017: IV. PRACTICE ISSUES - Nemchin v. Green, 2017 ONSC 1403, per Corthorn, J. [4241]

by Field Law on

IV. PRACTICE ISSUES - B. A court held that the Defence was precluded from tendering social media evidence relating to the Plaintiff and relying on it at trial, notwithstanding that the Plaintiff may have been obligated to...more

Chris Lazarini Comments on Direct vs. Circumstantial Evidence in Discrimination Case

by Bass, Berry & Sims PLC on

Bass, Berry & Sims attorney Chris Lazarini commented on a case in which a former financial advisor of JPMS claimed his employment was terminated based on racial discrimination. Through application of the three-part burden...more

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Cybersecurity

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