Tag Archives: Fed. R. Evid. 901

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)”

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”