Sixth Circuit Holds Computer-Generated Log of Faxes Were Not Hearsay, But Were Properly Excluded for Lack of Authentication

In Lyngaas v. Curaden AG, No. 20-1199 (6th Cir. Mar. 24, 2021), a Telephone Consumer Protection Act (TCPA) class action, the court affirms the district court’s orders concerning the admissibility of a summary-report log that purportedly identified the class members who were called. The class action alleged that the defendants faxed unsolicited ads to thousandsContinue reading “Sixth Circuit Holds Computer-Generated Log of Faxes Were Not Hearsay, But Were Properly Excluded for Lack of Authentication”

Plaintiff That Let Fed. R. Civ. P. 12(b)(1) Procedural Error Slip Forfeits Subject-Matter Jurisdiction Under Doctrine of Party Presentation, Holds Eleventh Circuit

In PDVSA US Litig. Trust v. Lukoil Pan Americas, LLC,.No. 19-10950 (11th Cir. Oct. 18, 2021), the plaintiff-appellant failed to raise its best argument on appeal – that the district court decided the central legal issue on the merits on a Fed. R. Civ. P. 12(b)(1) motion to dismiss – and thus loses under theContinue reading “Plaintiff That Let Fed. R. Civ. P. 12(b)(1) Procedural Error Slip Forfeits Subject-Matter Jurisdiction Under Doctrine of Party Presentation, Holds Eleventh Circuit”

First Circuit Holds That District Court Erred in Striking Summary Judgment Exhibits on Authentication Grounds

In Joseph v. Lincare, Inc., No. 20-1396 (1st Cir. Mar. 2, 2021), the panel vacates summary judgment in a race discrimination employment case. It holds that the district court erroneously excluded important exhibits filed by the plaintiff, produced by the defendants in discovery, on spurious authentication grounds. During Joseph’s brief tenure as a sales representativeContinue reading “First Circuit Holds That District Court Erred in Striking Summary Judgment Exhibits on Authentication Grounds”