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Eighth Circuit Agrees With Third and Seventh That Social Media Site May Be Authenticated With Extrinsic Evidence Under Fed. R. Evid. 901(a)

In United States v. Lamm, No. 20-1128 (8th Cir. July 29, 2021), the Eighth Circuit affirmed a conviction for distribution, production, and possession of child pornography, holding that the district court did not err in admitting evidence from the defendant’s Facebook page over objections to authentication and hearsay. “A Homeland Security Special Agent was investigatingContinue reading “Eighth Circuit Agrees With Third and Seventh That Social Media Site May Be Authenticated With Extrinsic Evidence Under Fed. R. Evid. 901(a)”

Fifth Circuit Rebukes U.S. Attorney’s Office in Fed. R. Crim. P. 41(g) Action for Breaching Grand Jury Secrecy and Holding onto Documents Identified as Privileged

In Harbor Healthcare System, L.P. v. United States, No. 19-20624 (5th Cir. July 26, 2021), a per curiam panel of the Fifth Circuit takes aim at the government’s “callous disregard” of the plaintiff’s attorney-client privilege, reversing the district court’s dismissal of the plaintiff’s action for pre-indictment return of its privileged documents. Harbor was the subjectContinue reading “Fifth Circuit Rebukes U.S. Attorney’s Office in Fed. R. Crim. P. 41(g) Action for Breaching Grand Jury Secrecy and Holding onto Documents Identified as Privileged”

Sixth Circuit Divides Over Whether Voluntary Dismissal of Undecided Claims Under Fed. R. Civ. P. 41(a)(2), “With the Intention of Reinstating the Dismissed Claims,” Creates an Appealable Final Judgment

In Rowland v. Southern Health Partners, Inc., No. 20-5944 (6th Cir. July 21, 2021), the panel splits over the meaning of its prior case law, holding that a voluntary dismissal without prejudice under Rule 41(a)(2) of claims that might be refiled after a successful appeal does not present a final, appealable judgment under 28 U.S.C.Continue reading “Sixth Circuit Divides Over Whether Voluntary Dismissal of Undecided Claims Under Fed. R. Civ. P. 41(a)(2), “With the Intention of Reinstating the Dismissed Claims,” Creates an Appealable Final Judgment”

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