§Why CasetextPricing

Spells Jr. v. Air & Liquid Systems Corporation et al

RESPONSE in Opposition re MOTION to Strike 310 Memorandum in Opposition to Motion,, Motion to Strike Exhibits B through K of Plaintiff's Resopnse to Defendant's Motion for Summary Judgment and Memorandum of Law in Support of Motion to Strike

11 Cited authorities

  1. Fraser v. Goodale

    342 F.3d 1032 (9th Cir. 2003)   Cited 1,400 times
    Holding that the plaintiff's diary could be considered on summary judgment because she could testify consistent with its contents at trial

  2. McMillian v. Johnson

    88 F.3d 1573 (11th Cir. 1996)   Cited 262 times
    Holding that impeachment evidence is not substantive and "may not be used to create a genuine issue of material fact for trial"

  3. Link v. Mercedes-Benz of North America, Inc.

    788 F.2d 918 (3d Cir. 1986)   Cited 202 times
    Holding that in order to satisfy the co-conspirator exception plaintiff must join the alleged co-conspirators as co-defendants

  4. U.S. v. Mejia-Valez

    855 F. Supp. 607 (E.D.N.Y. 1994)   Cited 44 times
    Holding that tapes of two 911 calls, the first 2 to 3 minutes after the shooting and the other approximately 16 minutes after shooting, were sufficiently contemporaneous with the event and therefore admissible as present sense impressions

  5. U.S. v. Long

    857 F.2d 436 (8th Cir. 1988)   Cited 47 times
    Holding that "it is absolutely essential that a lawyer have a firm factual basis before adopting a belief of impending [criminal conduct]" by his client

  6. Miller v. Crown Amusements, Inc.

    821 F. Supp. 703 (S.D. Ga. 1993)   Cited 13 times
    Finding that declarant's statements within ten minutes of accident were present sense impressions

  7. United States v. Clark

    649 F.2d 534 (7th Cir. 1981)   Cited 14 times

    No. 79-2335. Argued November 6, 1980. Decided June 1, 1981. John D. Bodine, Mishawake, Ind., for defendants-appellants. Donald P. Moroz, Asst. U.S. Atty., South Bend, Ind., for plaintiff-appellee. Appeal from the United States District Court for the Northern District of Indiana. Before SWYGERT, Circuit Judge, WISDOM, Senior Circuit Judge, and PELL, Circuit Judge. The Honorable John Minor Wisdom, United States Senior Circuit Judge for the Fifth Circuit, sitting by designation. SWYGERT, Circuit Judge

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

    Fed. R. Evid. 803   Cited 12,720 times   85 Legal Analyses
    Recognizing exception to rule against hearsay for records of regularly conducted activities

  9. Rule 901 - Authenticating or Identifying Evidence

    Fed. R. Evid. 901   Cited 5,184 times   49 Legal Analyses
    Holding that "[t]estimony that a matter is what it is claimed to be" is sufficient authentication

  10. Rule 802 - The Rule Against Hearsay

    Fed. R. Evid. 802   Cited 3,847 times   11 Legal Analyses
    Recognizing federal statutes, the Federal Rules of Evidence, or Supreme Court rules as sources for exceptions to the rule against hearsay

  11. Rule 807 - Residual Exception

    Fed. R. Evid. 807   Cited 1,571 times   11 Legal Analyses
    Requiring "sufficient guarantees of trustworthiness" under the residual exception to the hearsay rule