§Why CasetextPricing

Veterans for Common Sense et al v. Peake et al

MOTION to Strike Plaintiffs' Objections to and Motion to Strike Declaration of Thomas G. Bowman

17 Cited authorities

  1. Carmen v. San Francisco Unified School Dist

    237 F.3d 1026 (9th Cir. 2001)   Cited 2,845 times   1 Legal Analyses
    Holding that the district court is not required to comb the record for uncited evidence

  2. Bank Melli Iran v. Pahlavi

    58 F.3d 1406 (9th Cir. 1995)   Cited 132 times   2 Legal Analyses
    Holding that a foreign judgment cannot be enforced if it was obtained in a manner not in accord with due process

  3. U.S. v. Rivera

    22 F.3d 430 (2d Cir. 1994)   Cited 136 times
    Holding that where there was an overlap in the sentence the defendant advocated and the range used by the court (which in any case the court of appeals believed to be correct) and the sentencing court made clear that it would have imposed the same sentence regardless of the range, the error was harmless

  4. U.S. v. Parcels of Land

    903 F.2d 36 (1st Cir. 1990)   Cited 143 times
    Holding in a civil forfeiture action that “a witness' direct testimony can be stricken if she invokes the fifth amendment on cross-examination to shield that testimony from scrutiny”

  5. In re Edmond

    934 F.2d 1304 (4th Cir. 1991)   Cited 114 times
    Holding that selective assertion of Fifth Amendment privilege to thwart opposing party's ability to take deposition testimony then use of that testimony to defeat summary judgment was improper

  6. Gonzales v. North Township of Lake County

    4 F.3d 1412 (7th Cir. 1993)   Cited 83 times
    Holding unconstitutional a crucifix in a public park "to honor the heroic deeds of servicemen who gave their life in battle"

  7. U.S. v. Riddle

    103 F.3d 423 (5th Cir. 1997)   Cited 75 times   4 Legal Analyses
    Holding that evidence of irresponsible banking practices was not relevant to show intent to commit bank fraud

  8. Meder v. Everest Jennings, Inc.

    637 F.2d 1182 (8th Cir. 1981)   Cited 34 times
    Holding that police report regarding cause of accident was inadmissible as business record because source of information was unknown as was information concerning when or under what circumstances information was obtained from source

  9. Gonzales v. North Tp. of Lake County, (N.D.Ind. 1992)

    800 F. Supp. 676 (N.D. Ind. 1992)   Cited 12 times
    In Gonzales v. North Township of Lake County, 800 F. Supp. 676, 684 (N.D. Ind. 1992), the district court considered the constitutionality of a monument installed in 1955 and challenged 30 years later.

  10. Southern Concrete Co. v. United States Steel Corp.

    394 F. Supp. 362 (N.D. Ga. 1975)   Cited 27 times
    In Southern Concrete Co. v. United States Steel Corp., 394 F. Supp. 362, 377-78 (N.D.Ga. 1975), aff'd, 535 F.2d 313 (5th Cir. 1976), cert. denied, 429 U.S. 1096, 97 S.Ct. 1113, 51 L.Ed.2d 543 (1977) (appeals taken on other issues), the court rejected the purchaser-standing requirement, directing that a nonpurchaser who was injured by reason of the price discrimination could bring an action under Section 2(a). That court relied on a previous Fifth Circuit case, Littlejohn v. Shell Oil Co., 483 F.2d 1140, cert. denied, 414 U.S. 1116, 94 S.Ct. 849, 38 L.Ed.2d 743 (1973).

  11. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 328,160 times   158 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

  12. Rule 403 - Excluding Relevant Evidence for Prejudice, Confusion, Waste of Time, or Other Reasons

    Fed. R. Evid. 403   Cited 22,459 times   81 Legal Analyses
    Adopting a similar standard, but requiring the probative value to be "substantially outweighed" by these risks

  13. Rule 701 - Opinion Testimony by Lay Witnesses

    Fed. R. Evid. 701   Cited 5,706 times   26 Legal Analyses
    Requiring lay opinion testimony to be "rationally based on the witness's perception"

  14. Rule 802 - The Rule Against Hearsay

    Fed. R. Evid. 802   Cited 3,805 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

  15. Rule 602 - Need for Personal Knowledge

    Fed. R. Evid. 602   Cited 3,495 times   13 Legal Analyses
    Stating that " witness may testify only if evidence is introduced sufficient to support a finding that the witness has personal knowledge of the matter"

  16. Rule 1002 - Requirement of the Original

    Fed. R. Evid. 1002   Cited 1,096 times   8 Legal Analyses
    Stating that "[t]o prove the content of a writing, recording, or photograph, the original writing, recording, or photograph is required"