Tag Archives: Fed. R. Evid. 803(8)

Eleventh Circuit Holds That District Court Erred in Excluding Evidence of Colombian Prosecution Documents in Torture Victim Protection Act Case

In Does 1 Through 976 v. Chiquita Brands Int’l, Inc., No. 19-13926 (11th Cir. Sept. 6, 2022), the Eleventh Circuit substantially reverses summary judgment in a dozen bellwether cases against Chiquita Brands International, Inc. and a host of other defendants brought under the Torture Victim Protection Act, 28 U.S.C. § 1350 note, and Colombian law. InContinue reading “Eleventh Circuit Holds That District Court Erred in Excluding Evidence of Colombian Prosecution Documents in Torture Victim Protection Act Case”

State Department Cables Ruled Inadmissible Under Public-Records Exception, Fed. R. Evid. 803(8), by Eleventh Circuit

Creating a possible circuit split, the Eleventh Circuit holds in Eloy Rojas Mamani v. Gonzalo Daniel Sanchez De Lozada Sanchez Bustamante, No. 18-12728 (11th Cir. Aug. 8, 2020), that State Department cables containing unattributed observations about conditions in a foreign country are inadmissible hearsay, not covered by the public-records exception of Fed. R. Evid. 803(8).Continue reading “State Department Cables Ruled Inadmissible Under Public-Records Exception, Fed. R. Evid. 803(8), by Eleventh Circuit”