64 Cited authorities

Anderson v. Liberty Lobby, Inc.
477 U.S. 242 (1986) Cited 239,938 times 38 Legal Analyses
Holding that summary judgment is not appropriate if "the dispute about a material fact is ‘genuine,’ that is, if the evidence is such that a reasonable jury could return a verdict for the nonmoving party"
Orr v. Bank of America, NT & SA
285 F.3d 764 (9th Cir. 2002) Cited 3,145 times
Holding that abuse of discretion exists only where "evidentiary ruling was manifestly erroneous and prejudicial"
United States v. Doe
465 U.S. 605 (1984) Cited 534 times 2 Legal Analyses
Holding that the compelled production of a sole proprietorship's records would violate the Fifth Amendment
McConathy v. Dr. Pepper/Seven Up Corp.
131 F.3d 558 (5th Cir. 1998) Cited 307 times
Holding that a plaintiff failed to state an emotional distress claim against her supervisor, who, when the plaintiff sought time off to have surgery, "threatened to fire her," and made comments described by the court as "cruel" and "unfair"
Maljack Productions v. Goodtimes Home Video
81 F.3d 881 (9th Cir. 1996) Cited 220 times
Finding an improper motivation where evidence demonstrated that plaintiff brought lawsuit in effort to expose defendant to risk and to secure competitive advantage in the market
McQueeney v. Wilmington Trust Co.
779 F.2d 916 (3d Cir. 1985) Cited 217 times
Holding that "absen[t] ... a showing of particularized danger of unfair prejudice, the evidence must be admitted"
Threadgill v. Armstrong World Ind., Inc.
928 F.2d 1366 (3d Cir. 1991) Cited 182 times 2 Legal Analyses
Holding there is no "law of the district" and that "the doctrine of stare decisis does not compel one district court judge to follow the decision of another"
Burgess v. Premier Corp.
727 F.2d 826 (9th Cir. 1984) Cited 168 times
Holding that exhibits found in defendant's warehouse were adequately authenticated simply by their being found there
Fortier v. Dona Anna Plaza Partners
747 F.2d 1324 (10th Cir. 1984) Cited 164 times
Holding that a trial court did not commit clear error when it did not reduce damages by the amount of the plaintiffs' contributory negligence, when the plaintiffs had also succeeded on their contract and fraud claims
U.S. v. Whitworth
856 F.2d 1268 (9th Cir. 1988) Cited 142 times
Holding that "the introduction of inadmissible evidence by one party allows an opponent, in the court's discretion, to introduce evidence on the same issue to rebut any false impression that might have resulted from the earlier admission"
Rule 10 - Form of Pleadings
Fed. R. Civ. P. 10 Cited 20,163 times 10 Legal Analyses
Holding exhibits attached to complaint may be treated as part of complaint for purposes of ruling on 12(b) motion
Rule 901 - Authenticating or Identifying Evidence
Fed. R. Evid. 901 Cited 5,287 times 53 Legal Analyses
Holding that "[t]estimony that a matter is what it is claimed to be" is sufficient authentication
Rule 902 - Evidence That Is Self-Authenticating
Fed. R. Evid. 902 Cited 2,181 times 35 Legal Analyses
Stating that "[p]rinted material purporting to be a newspaper or periodical" is self-authenticating
Rule 1006 - Summaries to Prove Content
Fed. R. Evid. 1006 Cited 1,785 times 6 Legal Analyses
Allowing a "summary, chart, or calculation to prove the content of voluminous writings, recordings, or photographs that cannot be conveniently examined in court."
Rule 1003 - Admissibility of Duplicates
Fed. R. Evid. 1003 Cited 502 times 5 Legal Analyses
Permitting duplicates

USA v. Philip Morris USA, et al

64 Cited authorities

Holding that summary judgment is not appropriate if "the dispute about a material fact is ‘genuine,’ that is, if the evidence is such that a reasonable jury could return a verdict for the nonmoving party"

Holding that abuse of discretion exists only where "evidentiary ruling was manifestly erroneous and prejudicial"

Holding that the compelled production of a sole proprietorship's records would violate the Fifth Amendment

Holding that a plaintiff failed to state an emotional distress claim against her supervisor, who, when the plaintiff sought time off to have surgery, "threatened to fire her," and made comments described by the court as "cruel" and "unfair"

Finding an improper motivation where evidence demonstrated that plaintiff brought lawsuit in effort to expose defendant to risk and to secure competitive advantage in the market

Holding that "absen[t] ... a showing of particularized danger of unfair prejudice, the evidence must be admitted"

Holding there is no "law of the district" and that "the doctrine of stare decisis does not compel one district court judge to follow the decision of another"

Holding that exhibits found in defendant's warehouse were adequately authenticated simply by their being found there

Holding that a trial court did not commit clear error when it did not reduce damages by the amount of the plaintiffs' contributory negligence, when the plaintiffs had also succeeded on their contract and fraud claims

Holding that "the introduction of inadmissible evidence by one party allows an opponent, in the court's discretion, to introduce evidence on the same issue to rebut any false impression that might have resulted from the earlier admission"

Holding exhibits attached to complaint may be treated as part of complaint for purposes of ruling on 12(b) motion

Holding that "[t]estimony that a matter is what it is claimed to be" is sufficient authentication

Stating that "[p]rinted material purporting to be a newspaper or periodical" is self-authenticating

Allowing a "summary, chart, or calculation to prove the content of voluminous writings, recordings, or photographs that cannot be conveniently examined in court."

Permitting duplicates