Design Strategy v. Davis
469 F.3d 284 (2d Cir. 2006) Cited 603 times 1 Legal AnalysesHolding that a bad faith requirement "should not be read into the Rule."
Patterson v. Balsamico
440 F.3d 104 (2d Cir. 2006) Cited 494 times 2 Legal AnalysesHolding that curative instruction sufficed to correct improper summation comments
U.S. v. Farhane
634 F.3d 127 (2d Cir. 2011) Cited 309 timesHolding that rationale for admitting expert testimony regarding organized crime families "[d]espite the prevalence of organized crime stories in the news and popular media" "applies with equal force to terrorist organizations, including al Qaeda" (alteration in original)
J.F. Feeser, Inc. v. Serv-A-Portion, Inc.
909 F.2d 1524 (3d Cir. 1990) Cited 514 timesHolding that evidence of injury to competitor may establish competitive injury necessary to show violation of Robinson-Patman Act in secondary-line cases
Presbyterian Church v. Talisman Energy
582 F.3d 244 (2d Cir. 2009) Cited 280 times 11 Legal AnalysesHolding that “a defendant may be held liable under international law for aiding and abetting the violation of that law by another when the defendant provides practical assistance to the principal which has a substantial effect on the perpetration of the crime, and does so with the purpose of facilitating the commission of that crime”
U.S. v. Best
219 F.3d 192 (2d Cir. 2000) Cited 282 timesHolding that counsel's “election to forgo an unsupported argument” reflected sound trial strategy
U.S. v. Persico
645 F.3d 85 (2d Cir. 2011) Cited 188 timesRecounting that Joseph Massino, a former boss of the Bonanno crime family, entered witness protection
Stinnett v. Iron Works Gym/Executive Health Spa, Inc.
301 F.3d 610 (7th Cir. 2002) Cited 170 timesAffirming summary judgment; district court has discretion to disregard affidavits that attempt to repair deposition testimony if no suitable explanation is offered, such as confusion, mistake, or lapse of memory
U.S. v. Innamorati
996 F.2d 456 (1st Cir. 1993) Cited 160 timesHolding personal-use quantities relevant conduct in conspiracy-to-distribute case
Lujan v. Cabana Management, Inc.
284 F.R.D. 50 (E.D.N.Y. 2012) Cited 87 times 2 Legal AnalysesStriking materials submitted in opposition to motion for summary judgment because defendants failed to produce them in response to plaintiffs' discovery requests and plaintiffs were severely prejudiced by defendants' failure to produce
Rule 56 - Summary Judgment
Fed. R. Civ. P. 56 Cited 329,772 times 158 Legal AnalysesHolding a party may move for summary judgment on any part of any claim or defense in the lawsuit
Rule 801 - Definitions That Apply to This Article; Exclusions from Hearsay
Fed. R. Evid. 801 Cited 19,178 times 75 Legal AnalysesHolding that such a statement must merely be made by the party and offered against that party
Rule 803 - Exceptions to the Rule Against Hearsay-Regardless of Whether the Declarant Is Available as a Witness
Fed. R. Evid. 803 Cited 12,710 times 85 Legal AnalysesRecognizing exception to rule against hearsay for records of regularly conducted activities
Rule 802 - The Rule Against Hearsay
Fed. R. Evid. 802 Cited 3,842 times 11 Legal AnalysesRecognizing federal statutes, the Federal Rules of Evidence, or Supreme Court rules as sources for exceptions to the rule against hearsay
Rule 611 - Mode and Order of Examining Witnesses and Presenting Evidence
Fed. R. Evid. 611 Cited 1,898 times 7 Legal AnalysesGranting trial judge broad discretion to control witness examination
Rule 805 - Hearsay Within Hearsay
Fed. R. Evid. 805 Cited 878 times 4 Legal AnalysesAllowing hearsay within hearsay only "if each part of the combined statements conforms with an exception to the rule"