Federal Arbitration Act Requires an Immediate Trial to Resolve Genuine Disputes of Material Fact About Arbitrability, Says D.C. Circuit

A district court erred by not holding an immediate trial to resolve a factual dispute about whether the parties agreed to arbitrate an employment discrimination claim. (Jin v. Parsons Corp., No. 19-7019 (D.C. Cir. July 24, 2020).) The Federal Arbitration Act (FAA) spells out a procedure in 9 U.S.C. § 4 for when there isContinue reading “Federal Arbitration Act Requires an Immediate Trial to Resolve Genuine Disputes of Material Fact About Arbitrability, Says D.C. Circuit”

Threats Made By Client Against Judge During Attorney-Client Communications Not Covered By Federal Attorney-Client Privilege

In United States  v.  Ivers, No. 19-1563 (8th Cir. July 23, 2020), the Eighth Circuit affirms the conviction of a defendant who allegedly made threats of violence against a federal judge. Some of the testimony admitted by the prosecution was from two lawyers assigned to represent the defendant in an insurance case by a court-basedContinue reading “Threats Made By Client Against Judge During Attorney-Client Communications Not Covered By Federal Attorney-Client Privilege”

Second Circuit Confirms That a 2014 Amendment to Fed. R. Evid. 801(d)(1)(B) Expands Admissibility of Prior Consistent Statements

In United States v. Purcell, No. 19-238 (2d Cir. July 23, 2020), affirming in substantial part a conviction for operating a prostitution ring, the court considers a challenge to the admissibility of prior consistent statements of a witness, under the recently-amended Fed. R. Evid. 801(d)(1)(B)(ii). A prosecution witness, Wood, was cross-examined by the defense aboutContinue reading “Second Circuit Confirms That a 2014 Amendment to Fed. R. Evid. 801(d)(1)(B) Expands Admissibility of Prior Consistent Statements”