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Sacerdote et al v. New York University

MEMORANDUM OF LAW in Opposition re: 373 MOTION to Strike Document No. [358-1] Declaration of Mark I. Harrison. . Document

50 Cited authorities

  1. Clapper v. Amnesty Int'l USA

    568 U.S. 398 (2013)   Cited 3,083 times   169 Legal Analyses
    Holding that respondents could not establish injury by relying on a "speculative chain of possibilities"

  2. Liljeberg v. Health Services Acquisition Corp.

    486 U.S. 847 (1988)   Cited 2,161 times   6 Legal Analyses
    Holding that relief from judgment is not automatic even if the presiding judge violates § 455 by failing to recuse himself

  3. Major League Baseball v. Salvino

    542 F.3d 290 (2d Cir. 2008)   Cited 916 times
    Holding adequate foundation for business records exception laid in similar affidavit

  4. Bernstein v. Bernstein Litowitz Berger & Grossmann LLP

    814 F.3d 132 (2d Cir. 2016)   Cited 345 times   1 Legal Analyses
    Holding that there is a presumption of public access to judicial documents

  5. U.S. v. Locascio

    6 F.3d 924 (2d Cir. 1993)   Cited 614 times
    Holding FBI agent sufficiently qualified to serve as expert witness based on working for seventeen years as FBI agent and five years in "FBI's Organized Crime Program"

  6. Naeem v. McKesson Drug Co.

    444 F.3d 593 (7th Cir. 2006)   Cited 340 times
    Holding that when the only basis for objection at trial was relevance, additional basis raised for the first time in a post-trial motion was waived

  7. In re Cement Antitr. Litigation

    673 F.2d 1020 (9th Cir. 1981)   Cited 631 times
    Holding that interlocutory appeal is only justified under "exceptional circumstances."

  8. Howard v. Walker

    406 F.3d 114 (2d Cir. 2005)   Cited 231 times   4 Legal Analyses
    Concluding that claims were adjudicated on the merits where state court stated that it had "considered the other contentions raised by defendant . . . and conclude[d] that they [were] without merit"

  9. Zerega Ave. Realty v. Hornbeck Offshore

    571 F.3d 206 (2d Cir. 2009)   Cited 179 times
    Holding that the trial court abused its discretion in excluding an expert opinion for noncompliance with a pretrial order where, among other things, "the testimony of [the excluded expert] was critical to [defendant]'s defense on the issue of causation"

  10. IN RE EVERGREEN SEC, LTD

    570 F.3d 1257 (11th Cir. 2009)   Cited 156 times
    Upholding the bankruptcy court's judgment imposing monetary sanctions and suspending an attorney from practice before the bankruptcy court for five years

  11. Rule 803 - Exceptions to the Rule Against Hearsay-Regardless of Whether the Declarant Is Available as a Witness

    Fed. R. Evid. 803   Cited 12,693 times   85 Legal Analyses
    Recognizing exception to rule against hearsay for records of regularly conducted activities

  12. Section 455 - Disqualification of justice, judge, or magistrate judge

    28 U.S.C. § 455   Cited 11,078 times   29 Legal Analyses
    Setting forth standards of recusal

  13. Rule 703 - Bases of an Expert's Opinion Testimony

    Fed. R. Evid. 703   Cited 4,736 times   26 Legal Analyses
    Explaining that facts or data of a type upon which experts in the field would reasonably rely in forming an opinion need not be admissible in order for the expert's opinion based on the facts and data to be admitted

  14. Rule 704 - Opinion on an Ultimate Issue

    Fed. R. Evid. 704   Cited 3,034 times   12 Legal Analyses
    Rejecting as "empty rhetoric" the notion that some expert testimony is inadmissible because it usurps the "province of the jury."