News & Analysis as of

Hearsay

Real Property, Financial Services, & Title Insurance Update: Weeks Ending November 3 & 10, 2017

by Carlton Fields on

REAL PROPERTY UPDATE FINANCIAL SERVICES UPDATE TITLE INSURANCE UPDATE - Misrepresentation: developer entitled to directed verdict on claims of fraudulent and negligent misrepresentation asserted by condominium association...more

When It Comes to Pretrial Publicity, Should Lawyers Let Their Clients Do the Talking?

When it overturned a federal court’s order suppressing a litigant’s right to publicly gripe about a pending suit late last month, the Ninth Circuit took the opportunity to remind those of us in the legal profession that we...more

The Perils of De Novo Review

Florida’s Third District Court of Appeal issued an opinion yesterday that highlights the perils of de novo review. De novo review is the broadest standard of review for an appellate court, reserved for construing pure...more

Court Characterizes Plaintiff’s Request for Spoliation of Images Still Available as “Frivolous”: eDiscovery Case Law

by CloudNine on

In Barcroft Media, Ltd. et al. v. Coed Media Grp., LLC, No. 16-CV-7634 (JMF) (S.D.N.Y. Sept. 28, 2017), New York District Judge Jesse M. Furman denied the Plaintiffs’ motion for spoliation sanctions for failing to preserve...more

The PTAB Holds That Testimony Concerning Customer Statements and Their State of Mind Constitutes Hearsay

On September 22, 2017, the United States Patent Trial and Appeal Board (PTAB) issued a final written decision regarding claims directed to a switching regulator comprising a power switch and a control circuit. The PTAB found...more

Swimming Pool Company’s Non-Compete Claim Takes a Dive

by Zuckerman Spaeder LLP on

When a company believes that an employee has breached a non-compete agreement by going to work for a competitor, one remedy it can seek is a preliminary injunction. A preliminary injunction is meant to preserve the status quo...more

If It’s Not In The Will, Does It Matter What The Testator Wants?

by Bryan Cave on

If you want someone to get your money or property when you die, why don’t you just say so? The case reporters are thick with stories of testators who left money or property to one person with the supposed ‘understanding’ or...more

Your Hearsay Objection to Expert Testimony in Support of an Award for Future Damages: Use it or Lose it

In David v. Hernandez, 2017 No. B270133, the California Court of Appeal, Second District, upheld the trial court’s evidentiary rulings on two distinct expert opinions: (1) speculative testimony regarding plaintiff’s marijuana...more

Federal Court reaffirms and reissues section 8 venlafaxine judgments overturned by the Court of Appeal for hearsay

by Smart & Biggar on

As previously reported, in 2016 the Federal Court of Appeal set aside a decision of the Federal Court awarding Teva close to $125 million in damages under section 8 of the Patented Medicines (Notice of Compliance) Regulations...more

“Toxic” Hearsay Upends Murder Convictions for Member of Bronx Drug Trafficking Crew

In a rare move, the Second Circuit (Jacobs, Pooler, Hall) overturned Armani Cummings’s convictions for murder, conspiracy, and multiple drugs and firearms offenses. The Court reversed based on violation of the hearsay...more

Evidence of Actual Confusion Is Not Determinative in Trademark Infringement Cases

by Bennett Jones LLP on

To succeed in a trademark infringement case, a plaintiff must prove a likelihood of confusion—that a casual consumer would likely be confused into thinking the source of the defendant's products or services is the same as or...more

Teva awarded section 8 damages regarding pregabalin and olanzapine

by Smart & Biggar on

On March 30 and April 4, 2017, the Federal Court released two decisions on the merits under section 8 of the Patented Medicines (Notice of Compliance) Regulations (“PMNOC Regulations”) regarding pregabalin (Pfizer’s LYRICA)...more

RX IP Update - January 2017

by Smart & Biggar on

Apotex’s Infringement of AstraZeneca’s Omeprazole Formulation Patent Upheld - As previously reported, the Federal Court of Appeal, in a unanimous decision released on January 12, 2017 (2017 FCA 9), has affirmed the...more

Pitfalls Of Judges, Lawyers, And Experts Citing Wikipedia

by Reed Smith on

Our weekly search for new drug/medical device cases for 1/13/17 turned up something unusual – not of particular substantive significance, but unusual. Two of the opinions included citations to Wikipedia. Wikipedia? ...more

Conception and Reduction to Practice, and the Limits of the Hearsay Doctrine

by McDermott Will & Emery on

In a decision clarifying the borders of the hearsay doctrine, the US Court of Appeals for the Federal Circuit reversed a Patent Trial and Appeal Board (PTAB or Board) decision to exclude certain emails used as evidence of an...more

Federal Circuit Weighs in on Evidentiary Challenge in IPR, Reversing PTAB

More often than not, evidentiary issues in IPR proceedings fail to make headlines because the Board will structure its Final Written Decision to avoid evidentiary challenges. Findings that a party’s motion to exclude is...more

Federal Circuit Gives the Board a Lesson on Hearsay

In REG Synthetic Fuels, LLC v. Neste Oil Oyj, [2015-1773] (November 8, 2016), the Federal Circuit affirmed-in-part, reversed-in-part, vacated-in-part, and remanded the PTAB’s unpatentability determinations for claims U.S....more

Real Property & Title Insurance Update: Weeks Ending September 23 & 30, 2016

by Carlton Fields on

REAL PROPERTY UPDATE - Foreclosure/Hearsay/Business Records: trial court abused its discretion by excluding the mortgage records, which included records from a prior servicer, where plaintiff’s witness demonstrated...more

The Fifth Circuit Rules Findings from SEC Civil Investigation are Admissible Evidence at Trial

by Butler Snow LLP on

The Fifth Circuit Court of Appeals appears to have handed white collar defendants a new tool for trial. In United States v. Gluk, — F.3d —-, 2016 WL 4150901 (5th Cir. Aug. 4, 2016), the court held that a little-noticed...more

The SEC Retains its House Advantage During Administrative Proceedings

Amendments to the Rules of Practice Do Little to Address Criticism that the Deck is Stacked - Facing pressure from industry practitioners and in the wake of constitutional challenges in multiple jurisdictions, the...more

Real Property & Title Insurance Update: Weeks Ending June 10 & 17, 2016

by Carlton Fields on

REAL PROPERTY UPDATE - - Foreclosure/Standing/Hearsay: copy of a note with undated allonge containing blank endorsement sufficient to establish standing as a matter of law, even though bank did not have formal...more

How the PTAB Treats Pre-Institution Factual Disputes

by WilmerHale on

As a result of recent changes in the PTAB rules of practice, counsel for patent owners should consider whether there are opportunities to identify factual deficiencies in petitions. Counsel for petitioners in inter partes...more

Real Property & Title Insurance Update: Weeks Ending May 13 & May 20, 2016

by Carlton Fields on

REAL PROPERTY UPDATE - Contracts/Personal Liability: official title of “President” underneath signor’s signature on contract did not shield individual from personal liability because contract language reflected...more

An ATDS is More Than a Beep and a Pause

by Dorsey & Whitney LLP on

A District Court in Arkansas just drew a line in the sand. An automatic telephone dialing system (“ATDS”), it held, is more than hearing “a beep and a pause.” And, yes, human intervention really does matter....more

Repeated Willful Violations During Trial of Court’s In Limine Rulings Results in Terminating Sanctions Including Dismissal of...

The Court of Appeal of the State of California - Second Appellate District in Osborne v. Todd Farm Service, et al. (5/2/16 – Case no. B260280) affirmed the trial court’s dismissal of plaintiff’s complaint for personal...more

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