Topic
Evidence
915 published works
EvidenceProf Blog
The Devil Is In The Dictum: Second Circuit Makes Troubling Statements In Dictum In Rape Shield Ruling
By Colin Miller
A female employee allegedly flashes her breasts to co-workers at the workplace. That female employee later brings a sexual harassment action against her superior, claiming that he touched her thighs…
Subrogation & Recovery Law Blog
How to Deal with a Would-Be Spoliator
By John Reis
As subrogation professionals, we see spoliation of evidence typically used as a defense by defendants who claim they did not get a chance to examine certain evidence. But sometimes we…
Drug & Device Law
Odd Evidentiary Ruling in Philadelphia Paxil Trial
By Bexis
There's a Paxil birth defect trial going on in Philadelphia right now. Neither of our firms are involved in it - but that doesn't mean we're not interested. According to…
EvidenceProf Blog
The Unspecified Prior Conviction: Court Of Appeals Of Minnesota Precludes Sanitized Impeachment In Order Of Protection Violation Appeal
By Colin Miller
Like its federal counterpart, Minnesota Rule of Evidence 609(a)(1) provides thatFor the purpose of attacking the credibility of a witness, evidence that the witness has been convicted of a crime shall be admitted only…
EvidenceProf Blog
Total Recall? Court Of Criminal Appeals Of Tennessee Notes That Rule 602 Merely Requires Personal Knowledge In Labor Day Case
By Colin Miller
Like its federal counterpart, Tennessee Rule of Evidence 602 provides in relevant part that "[a] witness may not testify to a matter unless evidence is introduced sufficient to support a finding that the…
Delaware Corporate & Commercial Litigation Blog
Delaware Supreme Court Rules on Admissibility of Expert Evidence
General Motors Corporation v. Grenier, No. 453, 2007 (Del. Supr., August 24, 2009), read opinion here. A prior decision of the Supreme Court in this case was highlighted here. In this opinion, the Delaware Supreme Court addresses…
EvidenceProf Blog
S-U-C-C-E-S-S: Third Circuit Finds Settlement Offers Admissible As Evidence Of Degree Of Success Obtained For Fees And Costs Analysis
By Colin Miller
Federal Rule of Evidence 408 states(a) Prohibited uses.--Evidence of the following is not admissible on behalf of any party, when offered to prove liability for, invalidity of, or amount of a…
Toronto Estate Law Blog
Admissible Evidence – Hull on Estates #176
Listen to: Admissible Evidence - Hull on Estates #176 This week on Hull on Estates, Rick Bickhram and Megan Connolly discuss what types of evidence are admissible throughout the interpretation…
The Contingency
Tenth Circuit Says Get Real on Proof Filter
The nuts and bolts of motion practice often baffle new lawyers. Perhaps their profs felt that lifting the veil on so mundane a thing would demean both pedant and learner. Or…
British Columbia Insurance Blog
In order to deduct future insurance benefits from a tort award, the defendant must lead evidence proving the future benefits.
In deducting no-fault accident benefits from a tort award in a motor vehicle case, a trial judge must estimate the future value of the benefits based on evidence, and not…