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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

Zuckerman Spaeder LLP

The U.S. Supreme Court Rejects Bronx DA’s Attempted End-Run Around Confrontation Clause

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In Hemphill v. New York, the U.S. Supreme Court held that the defendant “did not forfeit his confrontation right merely by making [a] plea allocution arguably relevant to his theory of defense.” The Court rejected the attempt...more

Pierce Atwood LLP

Law Court Adopts Integrated Business Records Exception to Hearsay Rule

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Late last week, the Law Court unequivocally adopted the integrated business records exception to the hearsay rule under Rule 803(6) of the Maine Rules of Evidence in The Bank of New York Mellon v. Shone. It held...more

K&L Gates LLP

Taking Care of Business: 1st Circuit Affirms Admittance Integrated Business Records

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The 1st Circuit Court of Appeals recently affirmed a district court’s ruling to allow in evidence a mortgage loan account history printout that included entries from two prior loan servicers as a business record exception to...more

Smart & Biggar

Orders of prohibition relating to polymorphic form patent for PRISTIQ upheld on appeal

Smart & Biggar on

As previously reported, the Federal Court, in a pair of decisions, granted orders prohibiting Apotex and Teva from marketing their generic o-desmethyl-venlafaxine (ODV) succinate products (Pfizer’s PRISTIQ) until expiry of...more

Haight Brown & Bonesteel LLP

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

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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

Smart & Biggar

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

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

Patterson Belknap Webb & Tyler LLP

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

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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

Akin Gump Strauss Hauer & Feld LLP

IP Newsflash - October 2015

Akin Gump Strauss Hauer & Feld LLP on

FEDERAL CIRCUIT CASES - Federal Circuit Remands Case For New Damages Trial in Design Patent Case - On Tuesday, September 29, 2015, the Federal Circuit remanded a case for a new damages trial in a design patent...more

Pullman & Comley, LLC

Appellate Court Notes

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Supreme Court Advance Release Opinions: SC19359 - Persels & Associates, LLC v. Banking Commissioner - Noting that it has generally been the policy of the Courts to defer to the Legislature, especially as to the...more

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