A key issue in Personal Audio, LLC v. CBS Corporation, 2014 WL 1202698 (E.D. Tex. 2014) was whether a LinkedIn page, printed off the ‘Net by a testifying witness, was admissible at a motion to transfer venue hearing as a “compilation” or “directory” under Federal Evidence Rule 803(17). A broadcast behemoth defendant (CBS) tried to transfer a …
Tag Archives: hearsay
Paper Lace In The House: Court Invalidates $5M Plus Contract to (Sort Of) Use Someone’s Last Name
I promise there will be no ‘What’s In a Name?’ (the Bard), “What’s My Name?” (Snoop Dogg) or “I’ve Got a Name” (the late great Jim Croce) references. And while I’m on the subject – is there anything MORE 1970s AM-JAM or K-Tel then Jim Croce? I don’t think so. Well maybe that weird “Billy Don’t Be A …
Computer-Generated Business Records and Summary Judgment Affidavits – IL Law
In US National Bank v. Avdic, 2014 IL App (1st) 121759-U, the First District provides a detailed analysis of both the evidentiary foundation requirements for computer-generated business records and the requirements of a valid summary judgment affidavit. The plaintiff lender filed a foreclosure suit against the borrower defendant and moved for summary judgment. The lender supported its motion with …
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