· 2/17/2004
Bank of China, New York Branch v. Nbm LLC
Citations
- 359 F.3d 171
- 63 Fed. R. Serv. 893
- 2004 U.S. App. LEXIS 2680
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that lay witness testimony arguably based on specialized knowledge reviewed only for harmless error
- concluding that witness’s “explanations regarding typical international banking transactions or definitions of banking terms” were not admissible lay opinion because they “reflected specialized knowledge he has because of his extensive experience in international banking”
- recognizing that bank employee’s knowledge may be imputed to bank
- precluding bank examiner’s opinion introduced as lay testimony which discussed whether observed bank procedures comported with “typical international banking transactions”
- finding the district court abused its discretion in admitting testimony based on experience and specialized knowledge as lay testimony
- noting the “usual presumption that the acts and knowledge of an agent acting within the scope of employment are imputed to the principal”
Source: CourtListener parenthetical corpus (CC0).
Sourced from CourtListener / Free Law Project (CC0).
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