The First District recently considered whether an insurance salesman’s generic LinkedIn invites to some former co-workers violated non-compete provisions in his employment contract. The plaintiff in Bankers Life v. American Senior Benefits employed the defendant for over a decade as a sales manager. During his employment, plaintiff signed an employment agreement that contained a 24-month noncompete term …
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Evidence Rules Interplay – Authenticating Facebook Posts and YouTube Videos
Evidence Rules 901, 803 and 902 respectively govern authentication generally, the foundation rules for business records, and “self-authenticating” documents at trial. The Fourth Circuit recently examined the interplay between these rules in the context of a Federal conspiracy trial. In United States v. Hassan, 742 F.3d 104 (4th Cir. Feb. 4, 2014), the Fourth Circuit affirmed …
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Missing “Course Of Dealing” Evidence Dooms Wedding Dress Seller on Summary Judgment – IL ND
In a Memorandum Opinion and Order that quotes Neil Sedaka and Taylor Swift in its footnotes, the District Court in House of Brides, Inc. v. Angelo, 2016 WL 698093 (N.D.Ill. 2016), examines the quantity and quality of evidence required to win a summary judgment motion. The plaintiff sold wedding clothes on-line and in retail stores and …