News & Analysis as of

Hearsay

Carlton Fields

Florida Appeals Court Decisions Week of May 19 - 23, 2025

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U.S. Eleventh Circuit Court of Appeals - Middleton v. Hollywood Reporter - defamation, California limitations - Merritt Island Woodwerx v. Space Coast CU - arbitration - USA v. Doe - immigration, removal, failure to...more

Burr & Forman

Ohio District Court Grants Summary Judgment in TCPA Case, Holding Statements Claiming Calls Were on Defendant's Behalf Were...

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Schwartz v. Bamz Enterprises, LLC, No. 1:23-cv-608, 2025 WL 1371433 (S.D. Ohio May 12, 2025) - Plaintiff filed suit, claiming Defendant violated the Telephone Consumer Protection Act (“TCPA”) when he received multiple...more

Carlton Fields

Florida Appeals Court Decisions Week of April 7 - 11, 2025

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U.S. Eleventh Circuit Court of Appeals - Bilotti v. Fla DOC - postconviction relief - DeMarcus v. Univ of S Ala - Title IX, § 1983, volleyball coach, mistreatment - Joseph v. Bd of Regents Univ Ga - en banc denial,...more

Venable LLP

SCOTUS Dodges Confrontation Clause Case, but Justices Are Open to Reconsidering Crawford

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The Supreme Court refusing to hear a case is nothing new, but an otherwise run-of-the-mill denial of the cert petition in Franklin v. New York, 604 U.S. ____ (2025) was accompanied by statements from Justices Alito and...more

White and Williams LLP

No Expert Testimony for You: Maryland Federal Court Deems Expert Testimony Inadmissible

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The plaintiff, Whitney Rich, on behalf of C.W., brought this action after her young infant, C.W., suffered severe burns from a bathtub in their rental property. The plaintiff alleged that the landlord, Marilyn L. Dennison...more

Carlton Fields

Florida Appeals Court Decisions: Week of December 2-6, 2024

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U.S. Eleventh Circuit Court of Appeals - USA v. Simmons - playing video in closings - Nehme v. Fla Int’l Univ Bd of Trustees - ADA, medical school - USA v. Graham - RICO saga, search and seizure, jury selection,...more

White and Williams LLP

Changes to the Federal Rules – 2024

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Unless Congress moves quickly, several amendments to the Federal Rules of Civil Procedure and Evidence will take effect December 1, 2024. Below is a brief description of the amendments...more

Dorsey & Whitney LLP

Choose Your Words Wisely: Hearsay Rules, Conspiracy, and Healthcare Fraud

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The day-to-day operations of healthcare and the Rules of Evidence might seem unrelated, but in today’s enforcement environment, legal and compliance professionals can find, in evidentiary rules, best practices for creating a...more

Carlton Fields

Florida Appeals Court Decisions: Week of October 7-11, 2024

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U.S. Eleventh Circuit Court of Appeals - Parrott v. Neway - bankruptcy, appeal, timeliness - Muscogee (Creek) Nation v. Rolin - tribal immunity - Hornady v. Outekumpu Stainless - default judgment sanction - USA...more

Stange Law Firm, PC

What is hearsay in divorce and family law matters?

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Hearsay is an important legal concept that lawyers learn in law school. Under Federal Rule of Evidence 801, hearsay is an out-of-court statement offered for the truth of the matter asserted. Even many lawyers are often...more

Fox Rothschild LLP

Hearsay Is Admissible: Just Unlock the Back Door

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Just about everyone who has tried a custody case has been called upon to present a “school choice” dispute. These are the ones where Springfield High is pitted against Bayside High or Chilton Prep in the race to see which...more

Lasher Holzapfel Sperry & Ebberson PLLC

The Nuts and Bolts of Appeals: Preservation, Prejudice, and Presentation

People appeal their case because they want a better outcome then what they received at trial. Maybe that means that the appealing party lost a jury verdict, or felt that they didn’t “win” enough at trial. Perhaps someone in...more

Chartwell Law

Corporate Representative Testimony Deemed Hearsay by Florida Appellate Court

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The inadmissibility of hearsay is well-established. “‘Hearsay’ is a statement, other than one made by the declarant while testifying at [a] trial or hearing, offered in evidence to prove the truth of the matter asserted.” If...more

Sunstein LLP

Watch Me Pull a Customer Out of My Hat: Proving Damages Using Your Customer’s Out-Of-Court Statement

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Hearsay is simple enough to define – it is an out of court statement offered for the truth of the matter asserted. But practicing attorneys know that the definition of hearsay is deceptively complex. Questions like, “what is...more

Bennett Jones LLP

Insights and Takeaways From Our Top 10 Commercial Litigation Cases of 2022

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Canadian courts rendered a number of notable decisions in the commercial litigation sphere in 2022 that made headlines for the impacts they will have on the landscape of businesses facing a dispute. Now that we are well into...more

Lasher Holzapfel Sperry & Ebberson PLLC

Your AI Can Testify Against You: The AI Revolution Comes to the Court of Law

On February 2, 2023, Microsoft released a brand-new suite of features for its popular Microsoft Teams platform under the moniker “Microsoft Teams Premium.” One of the standout features of this premium service is “Intelligent...more

Fox Rothschild LLP

Clearing the Decks While Decking the Halls

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If there’s one thing readers of this blog can count on, it is that every even-numbered year ends with a gush of opinions from both appellate courts as the judges and justices strive to finish the year’s work before new...more

Bennett Jones LLP

Is It Getting Harder to Get a Worldwide Freezing Injunction In Alberta?

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Typically, pursuing fraudsters is an exercise in detective work, forensic analysis and a lot of circumstantial evidence. Rarely does a fraud come with a smoking gun or confession. Parties must cobble together evidence...more

Jones Day

“Voluntary Interrogatory Responses” Excluded As Inadmissible Hearsay

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While creativity has its place in advocacy, it can be taken too far. The Petitioner learned this lesson the hard way in Unified Patents Inc. v. American Patents LLC, IPR2019-00482, Paper 132 (P.T.A.B. Aug. 3, 2022). In this...more

Proskauer - Corporate Defense and Disputes

Delaware Supreme Court Allows Use of “Reliable” Hearsay to Support Books-and-Records Demand

The Delaware Supreme Court held yesterday that a stockholder seeking to inspect corporate books and records may use “reliable” hearsay to establish the propriety of the purpose of the inspection demand. The decision in NVIDIA...more

Goldberg Segalla

Plaintiffs’ Motion to Exclude Defense Expert’s Hearsay Statements Granted

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United States District Court for the Eastern District of Louisiana; July 18, 2022 - Plaintiffs filed an asbestos-related lawsuit on behalf of Decedent, Callan Cortez, alleging that Mr. Cortez contracted mesothelioma as a...more

McGlinchey Stafford

When do the AAA Rules Govern Arbitrability? - Commercial Law Bulletin April 25 2022

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Ohio- Excess Sale Proceeds Royal Oaks Landmark, LLC v. Royal Oak Cal, LLC, 12th Dist. Clermont No. CA2021-06-025, 2022-Ohio-1144- In this appeal, the Twelfth Appellate District affirmed the trial court’s decision,...more

Nelson Mullins Riley & Scarborough LLP

The Scrivener: When is a question not a question?

At an evidence CLE at the South Carolina Bar Convention in Greenville this year, a judges’ panel discussed a hearsay issue, raising the issue of whether a witness’s out-ofcourt utterance—which was in the form of a...more

Haight Brown & Bonesteel LLP

Litigants May Introduce Deposition Testimony from Prior Cases Pursuant to Hearsay Exception

On March 7, 2022, the Supreme Court of California published a unanimous decision regarding the hearsay exception discussed in Evidence Code section 1291, subdivision (a)(2) (“section 1291(a)(2)”) concerning testimony taken in...more

Butler Snow LLP

Back to Gumbo Basics: The Least Yall Could Do is Lay the Foundation(s)

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No visit to New Orleans is complete without a bowl of gumbo. There are many preferences, of course, but every great bowl of gumbo has the same foundation. It is of no consequence whether you prefer Dooky Chase’s savory, porky...more

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