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Name Category Published
LAOSD Asbestos Cases
Declaration made by Avon's corporate representative was inadmissible as hearsay made by a lay witness because it discussed events that occurred years earlier to which she had no personal knowledge. 		Evidence 2DCA/8 Jan. 25, 2023
Modification: Bader v. Johnson & Johnson
Trial court did not abuse its discretion in permitting doctor to offer opinion that fibrous talc causes mesothelioma because the materials that plaintiff presented in support provided reasonable basis for the opinion at issue. 		Evidence 1DCA/4 Jan. 25, 2023
Bader v. Johnson & Johnson
Trial court did not abuse its discretion in permitting doctor to offer opinion that fibrous talc causes mesothelioma because the materials that plaintiff presented in support provided reasonable basis for the opinion at issue. 		Evidence 1DCA/4 Dec. 28, 2022
People v. Kocontes
Trial court's allowance of evidence as to the reasons for divorce involving "inappropriate relationship with female" was prejudicial and irrelevant as it provided no probative value for supporting motive. 		Evidence 4DCA/3 Dec. 23, 2022
Doe v. Software One
Statements made by the company's technical director were admissible to show discriminatory or retaliatory animus against a fired employee because they were made by a high-ranking organizational agent. 		Evidence 4DCA/3 Nov. 10, 2022
U.S. v. Latu
District court properly admitted statements made by assaulted inmate to his medical providers, as the statements fell within the hearsay exception for statements made for purposes of medical diagnosis or treatment. 		Evidence 9th Sep. 1, 2022
Doe v. Brightstar Residential Incorporated
The trial court erred in excluding a police report as double hearsay because the party-opponent exception and the official records exception made each level of hearsay admissible. 		Evidence 2DCA/8 Mar. 14, 2022
Berroteran v. Superior Court (Ford Motor)
Evidence Code Section 1291(a)(2) articulates a general rule in favor of introducing prior trial testimony, but against introducing prior deposition testimony. 		Evidence CASC Mar. 8, 2022
U.S. v. Tsarnaev
The First Circuit improperly vacated the Boston Marathon bomber's captital sentence based on the exclusion of mitigating evidence. 		Evidence USSC Mar. 7, 2022
People v. Davis
Expert testimony based on the STRmix method of DNA analysis was admissible because the method is accepted as reliable by the relevant scientific community. 		Evidence 3DCA Mar. 2, 2022
Elosu v. Middlefork Ranch
A trial court improperly excluded fire investigator's expert testimony when it assumed a factfinding role by concluding that the expert's report was speculative, uncertain, and unsupported by the evidence. 		Evidence 9th Feb. 24, 2022
Paige v. Safeway
Although harmless in this case, prohibiting cross-examination of expert witness regarding published standards established as generally accepted in the scientific community during the expert's deposition was error. 		Evidence 1DCA/3 Feb. 14, 2022
Spencer S. Busby, APLC v. BACTES Imaging Solutions, LLC
Rates charged for pre-litigation photocopies of clients' medical records did not violate statutory limits since charging vendor was acting as an agent of the requesting attorney. 		Evidence 4DCA/1 Jan. 21, 2022
Hemphill v. New York
Sixth Amendment's Confrontation Clause principles are violated when court admits unconfronted, testimonial hearsay because it deemed it necessary to correct a misleading impression. 		Evidence USSC Jan. 21, 2022
U.S. v. Franklin
Consideration of co-defendants' hearsay statements at sentencing did not violate defendant's due-process rights because the statements were procedurally and substantively reliable. 		Evidence 9th Nov. 24, 2021
Chambers v. Crown Asset Management, LLC
An affidavit was excluded because it lacked sufficient detail to show that the underlying records it relied upon qualified under the business records exception. 		Evidence 4DCA/1 Nov. 15, 2021
Doe v. Superior Court (Mountain View School District)
Evidence Code Section 1106 bars evidence of victim's prior sexual abuse. 		Evidence 2DCA/2 Nov. 3, 2021
Modification: Strobel v. Johnson & Johnson
An expert witness' opinion that relied on both inadmissible hearsay and general knowledge in the expert's field was improperly disregarded. 		Evidence 1DCA/4 Oct. 25, 2021
People v. Jenkins
A Kelly Blue Book website's valuation of a vehicle was admissible evidence for purposes of proving the vehicle's worth exceeded $950 because it is a published compilation. 		Evidence 4DCA/3 Oct. 14, 2021
Forest Lawn Memorial-Park Assn. v. Superior Court (Ramirez)
A disavowed declaration was inadmissible evidence because it lacked foundation in the witness' personal knowledge of the matters in it. 		Evidence 4DCA/2 Oct. 8, 2021
People v. Mani
Evidence of a defendant's prior uncharged acts was admissible because they were substantially similar to the charged act and therefore constituted evidence of intent. 		Evidence 3DCA Oct. 4, 2021
Strobel v. Johnson & Johnson
An expert witness' opinion that relied on both inadmissible hearsay and general knowledge in the expert's field was improperly disregarded. 		Evidence 1DCA/4 Sep. 23, 2021
People v. Barefield
The marital privilege is available until a final judgment of dissolution has been obtained, even if the spouses have separated. 		Evidence 3DCA Sep. 14, 2021
Duncan v. Kihagi
Complaints from other tenants were not considered character evidence regarding the landlord because they countered attempts to depict plaintiff as an overly sensitive tenant. 		Evidence 1DCA/1 Sep. 3, 2021
Modification: Zuniga v. Alexandria Care Center, LLC
Trial court erred in rejecting expert testimony simply because it was based on inadmissible evidence, without further consideration of reliability of data used, and error was prejudicial. 		Evidence 2DCA/7 Aug. 17, 2021
Zuniga v. Alexandria Care Center, LLC
Trial court erred in rejecting expert testimony simply because it was based on inadmissible evidence, without further consideration of reliability of data used, and error was prejudicial. 		Evidence 2DCA/7 Aug. 16, 2021
Mai v. HKT Cal, Inc.
Attorney invoices can be used to corroborate plaintiff's testimony that amount billed was paid and as evidence of amount's reasonability. 		Evidence 4DCA/1 Jul. 14, 2021
U.S. v. Lopez
Although government's redacted interrogation clips risked misleading jury because it truncated defendant's explanation, error was harmless given strength of government's evidence, and mitigating effect of defendant's trial testimony. 		Evidence 9th Jul. 7, 2021
United States v. Charley
There was no logical connection between prior incidents and charged assault other than implication that defendant has propensity for violence. 		Evidence 9th Jun. 14, 2021
Amended Opinion: People v. Hardy
Defendant's conviction reversed because trial court erred in admitting Shotspotter evidence without first holding 'Kelly/Frye' hearing. 		Evidence 1DCA/2 Jun. 11, 2021
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