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BillFloat, Inc. v. Collins Cash Inc.
Because survey design issues did not render likelihood-of-confusion survey unreliable, district court's admission of survey was not abuse of discretion.
Evidence, Intellectual Property 9th Jul. 2, 2024
Smith v. Arizona
Analyst's out-of-court statements offered in support of testifying expert's opinion were admitted for their truth where they were used to support the expert's opinion but only provided support if true.
Evidence USSC Jun. 24, 2024
Diaz v. United States
Expert testimony about most drug couriers' mental states generally was not an opinion on the defendant's specific mental state when she was caught transporting drugs, so it was admissible.
Evidence, Criminal Law and Procedure USSC Jun. 21, 2024
Audish v. Macias
Trial court did not abuse its discretion by admitting limited evidence about plaintiff's future eligibility for Medicare and expected amounts Medicare might pay for future medical services.
Evidence, Torts 4DCA/1 Jun. 10, 2024
U.S. v. Blackshire
Domestic violence criminal defendant forfeited confrontation rights where evidence showed he intentionally took affirmative steps to dissuade the witness from testifying.
Evidence 9th Apr. 22, 2024
People v. Flores
Outdated "fresh complaint" doctrine was updated such that a child victim's delay in disclosing sexual assault generally goes to the weight of the disclosure, not its admissibility.
Evidence 4DCA/1 Apr. 17, 2024
U.S. v. Mirabal
In federal criminal proceedings, the federal government is a party-opponent of the defendant, so government attorney statements in plea agreements and sentencing memoranda are party-opponent admissions and not hearsay.
Evidence 9th Apr. 17, 2024
People v. Lozano
Deceased victim's statement to her mother regarding protracted pattern of sexual abuse was not admissible under the excited utterance hearsay exception because there had been time for her to reflect.
Evidence 1DCA/3 Apr. 12, 2024
People v. Rafael B.D.R.
Trial court erred by denying motion for a new trial following newly discovered evidence: a confession by defendant's ex-wife that her family intentionally invented abuse allegations to deport defendant.
Evidence 1DCA/3 Apr. 12, 2024
U.S. v. Jose Jimenez-Chaidez
District court's decision to admit federal agent's cellphone testimony as lay rather than expert witness was proper given that the information provided did not require specialized knowledge.
Evidence 9th Mar. 26, 2024
Marriage of Lietz
Trial court properly sustained objection to questions seeking to elicit expert testimony on case-specific fact about which the expert lacked independent knowledge and had not been independently proven by evidence.
Evidence 4DCA/3 Feb. 9, 2024
Garner v. BNSF Railway Co.
Exclusion of causation experts opining on diesel exhaust exposure was improper because the analytical gap in the data was caused by a lack of scientific research on the subject.
Evidence 4DCA/1 Jan. 5, 2024
U.S. v. Motley
Warrant obtained using information from a prescription-monitoring program was valid given that defendant had no reasonable expectation of privacy because program was well-established and long-standing.
Evidence 9th Jan. 2, 2024
Argueta v. Worldwide Flight Services, Inc.
Employee complaints against plaintiff who brought a sexual harassment lawsuit were inadmissible because their substance had minimal relevance to her credibility.
Evidence 2DCA/8 Dec. 7, 2023
Phillips v. Gordon
Department of Motor Vehicles could not rely on Evidence Code Section 664 test reliability presumption when blood drawing procedure did not follow Vehicle Code section requirements.
Evidence 1DCA/4 Dec. 1, 2023
Yee v. Panrox International (USA), Inc.
Trial court did not err in determining that house lien overcame general presumption of validity when evidence provided the contrary.
Evidence 2DCA/8 Nov. 29, 2023
Modification: Brancati v. Cachuma Village, LLC
Trial court erred in excluding medical doctor's factually-based expert testimony to testify on impact of mold in plaintiff's residence to her health.
Evidence 2DCA/6 Nov. 14, 2023
Brancati v. Cachuma Village, LLC
Trial court erred in excluding medical doctor's factually-based expert testimony to testify on impact of mold in plaintiff's residence to her health.
Evidence 2DCA/6 Oct. 18, 2023
People v. Bingham
Despite trial court improperly deeming victim's inconsistent statements inadmissible for impeachment purposes, reversal was not required because it was unlikely the statements would lead to a more favorable outcome.
Evidence 1DCA/5 Sep. 28, 2023
Jensen v. EXC Inc.
District court erroneously allowed the introduction of hearsay opinions of a non-testifying putative expert.
Evidence 9th Sep. 25, 2023
People v. Jenkins
Substantial evidence did not support court's order involuntarily recommitting mentally disordered defendant to state hospital.
Evidence 4DCA/1 Sep. 5, 2023
People v. Castaneda-Prado
Victim's admission that she accused defendant to help her mother obtain an immigration visa was admissible to attack her credibility.
Evidence 1DCA/4 Sep. 1, 2023
Tekoh v. County of Los Angeles
Excluding expert testimony on coerced confessions was error where false confessions were beyond the common knowledge of the average layperson, and it would have helped jurors better evaluate credibility.
Evidence 9th Aug. 7, 2023
Doe v. Superior Court (Mountain View School District)
Though evidence of another molestation incident involving plaintiff sexual abuse victim may be admissible, it still requires a hearing to be reviewed and scrutinized for undue prejudice.
Evidence CASC Jul. 28, 2023
People v. Portillo
Warehouse manager's testimony regarding the retail listings of stolen dumbbells was admissible non-hearsay evidence since it was circumstantial price tag testimony about the item's fair market value
Evidence 2DCA/7 May 17, 2023
Onglyza Product Cases
In case involving whether active ingredient in type 2 diabetes medication increased risk of heart failure, summary judgment was appropriate after trial court properly excluded experts' testimony.
Evidence 1DCA/4 Apr. 21, 2023
People v. Saucedo
Error was non-prejudicial where the trial court erred in admitting testimony regarding minor driving offenses committed by defendant to prove he acted with implied malice to commit murder.
Evidence 1DCA/5 Apr. 17, 2023
In re Jenkins
Attorney Generals have a constitutional, ethical, or procedural duty to disclose certain exculpatory evidence in response to habeas petitioner's *Brady* claim.
Evidence CASC Mar. 28, 2023
People v. Gobert
Testimony regarding strangled girlfriend's trip to visit her sister prior to her death was impermissible propensity evidence, but the error was not prejudicial to the clear-cut murder charge.
Evidence 4DCA/1 Mar. 23, 2023
Militello v. VFARM
Disqualifying counsel was proper where client failed to establish emails, which were allegedly impermissibly downloaded and used by counsel in a related proceeding, were not protected by the spousal communication privilege.
Evidence 2DCA/7 Mar. 22, 2023