Lawyers still making their way along the learning curve of social media evidence may struggle to find guidance from court opinions.
But two recent decisions with different results offer some clues on how to narrowly focus a discovery request to pass muster.
A criminal fraud defendant’s Confrontation Clause rights were not violated by the admission of certificates of authentication for foreign public and business records, the 9th Circuit has ruled in affirming a conviction.
A subordinate’s alleged statements concerning a decision-maker’s reasons for terminating a pregnancy discrimination plaintiff are not hearsay and therefore admissible, the 7th Circuit has ruled in reversing a summary judgment.
PACER and AOL records linking a defendant to a mail fraud scheme contained double hearsay that rendered the evidence inadmissible at trial, the 10th Circuit has ruled.
Hearsay testimony was admissible to support the issuance of a preliminary injunction in a federal wage dispute between New York City and its police officers, the 2nd Circuit has ruled in affirming judgment.
An employment discrimination plaintiff could not introduce evidence that five co-workers had also experienced adverse actions because of their age, the 10th Circuit has ruled.
Nearly two years after Congress enacted an evidentiary rule aimed at protecting lawyers who mistakenly turn over privileged materials during discovery, practitioners say they are still struggling with critical aspects of the measure.
Prosecutors could not introduce the contents of a defendant’s MySpace page to prove that he committed a string of bank robberies, the 11th Circuit has ruled.
A U.S. District Court judge did not violate the Federal Rules of Evidence when he performed a Google search to research rain hats in a supervised release revocation proceeding, the 2nd Circuit has ruled.