35 Cited authorities

Somers ex rel. Herself v. Apple, Inc.
729 F.3d 953 (9th Cir. 2013) Cited 604 times 2 Legal Analyses
Holding that plaintiff's theory was "implausible in the face of contradictory . . . facts alleged in her complaint"
Illinois Tool Works Inc. v. Independent Ink, Inc.
547 U.S. 28 (2006) Cited 233 times 19 Legal Analyses
Holding that separate markets existed for software and hardware even when they were always bundled together
U.S. v. Microsoft Corp.
253 F.3d 34 (D.C. Cir. 2001) Cited 515 times 18 Legal Analyses
Holding that district courts are not required to conduct evidentiary hearings prior to issuing relief in civil cases when "there are no disputed factual issues regarding the matter of relief
Bailey v. Allgas, Inc.
284 F.3d 1237 (11th Cir. 2002) Cited 353 times
Holding that a "market share at or less than 50% is inadequate as a matter of law to constitute monopoly power"
U.S. v. Curtin
489 F.3d 935 (9th Cir. 2007) Cited 191 times 3 Legal Analyses
Holding that fictional "stories containing graphic descriptions of sexual acts with minors" were admissible to refute entrapment defense and to prove intent where defendant was the subject of an Internet sting operation in which an FBI agent posed as a minor
United States v. Sine
483 F.3d 990 (9th Cir. 2007) Cited 125 times 2 Legal Analyses
Holding that the government's use during cross-examination of factual findings from a prior judicial order was improper because "jurors are likely to defer to findings and determinations relevant to credibility made by an authoritative, professional factfinder rather than determine those issues for themselves," but explaining that "[o]ur determination . . . does not mean that admission of such facts will always fail the balancing test of Rule 403."
Duran v. City of Maywood
221 F.3d 1127 (9th Cir. 2000) Cited 98 times
Finding marginally probative value of subsequent act by police officer substantially outweighed by the danger of unfair prejudice
Blue Cross Blue Shield v. Marshfield Clinic
65 F.3d 1406 (7th Cir. 1995) Cited 102 times 1 Legal Analyses
Holding that insurance companies had standing, as the "direct purchaser," to maintain an antitrust suit
O.S.C. Corp. v. Apple Computer, Inc.
792 F.2d 1464 (9th Cir. 1986) Cited 130 times
Holding that "[dealer] complaints followed by termination are not enough to provide sufficient proof of an antitrust conspiracy"
Coursen v. A.H. Robins Co., Inc.
764 F.2d 1329 (9th Cir. 1985) Cited 115 times 1 Legal Analyses
Holding that the party forfeited its right to appeal a motion in limine to exclude certain evidence after the party's counsel elicited such evidence on direct examination
Rule 403 - Excluding Relevant Evidence for Prejudice, Confusion, Waste of Time, or Other Reasons
Fed. R. Evid. 403 Cited 22,670 times 81 Legal Analyses
Adopting a similar standard, but requiring the probative value to be "substantially outweighed" by these risks
Rule 404 - Character Evidence; Other Crimes, Wrongs, or Acts.
Fed. R. Evid. 404 Cited 16,758 times 65 Legal Analyses
Recognizing that even uncharged similar acts can be probative of a defendant's intent and knowledge concerning charged offenses
Rule 401 - Test for Relevant Evidence
Fed. R. Evid. 401 Cited 13,502 times 35 Legal Analyses
Providing that evidence is relevant if " it has any tendency to make a fact more or less probable than it would be without the evidence; and (b) the fact is of consequence in determining the action"
Rule 402 - General Admissibility of Relevant Evidence
Fed. R. Evid. 402 Cited 6,707 times 11 Legal Analyses
Providing relevant evidence is admissible unless prohibited by the United States Constitution, a federal statute, the Federal Rules of Evidence, or other rules prescribed by the Supreme Court
Rule 701 - Opinion Testimony by Lay Witnesses
Fed. R. Evid. 701 Cited 5,755 times 26 Legal Analyses
Requiring lay opinion testimony to be "rationally based on the witness's perception"
Rule 703 - Bases of an Expert's Opinion Testimony
Fed. R. Evid. 703 Cited 4,751 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
Rule 802 - The Rule Against Hearsay
Fed. R. Evid. 802 Cited 3,843 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
Rule 104 - Preliminary Questions
Fed. R. Evid. 104 Cited 3,315 times 12 Legal Analyses
Noting that, in making preliminary determinations relevant to admissibility, "the court is not bound by evidence rules, except those on privilege"

"The Apple iPod iTunes Anti-Trust Litigation"

35 Cited authorities

Holding that plaintiff's theory was "implausible in the face of contradictory . . . facts alleged in her complaint"

Holding that separate markets existed for software and hardware even when they were always bundled together

Holding that district courts are not required to conduct evidentiary hearings prior to issuing relief in civil cases when "there are no disputed factual issues regarding the matter of relief

Holding that a "market share at or less than 50% is inadequate as a matter of law to constitute monopoly power"

Holding that fictional "stories containing graphic descriptions of sexual acts with minors" were admissible to refute entrapment defense and to prove intent where defendant was the subject of an Internet sting operation in which an FBI agent posed as a minor

Finding marginally probative value of subsequent act by police officer substantially outweighed by the danger of unfair prejudice

Holding that insurance companies had standing, as the "direct purchaser," to maintain an antitrust suit

Holding that "[dealer] complaints followed by termination are not enough to provide sufficient proof of an antitrust conspiracy"

Holding that the party forfeited its right to appeal a motion in limine to exclude certain evidence after the party's counsel elicited such evidence on direct examination

Adopting a similar standard, but requiring the probative value to be "substantially outweighed" by these risks

Recognizing that even uncharged similar acts can be probative of a defendant's intent and knowledge concerning charged offenses

Providing that evidence is relevant if " it has any tendency to make a fact more or less probable than it would be without the evidence; and (b) the fact is of consequence in determining the action"

Providing relevant evidence is admissible unless prohibited by the United States Constitution, a federal statute, the Federal Rules of Evidence, or other rules prescribed by the Supreme Court

Requiring lay opinion testimony to be "rationally based on the witness's perception"

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

Recognizing federal statutes, the Federal Rules of Evidence, or Supreme Court rules as sources for exceptions to the rule against hearsay

Noting that, in making preliminary determinations relevant to admissibility, "the court is not bound by evidence rules, except those on privilege"