David ENGEBRETSEN, Plaintiff-Appellant, Hartford Insurance Company, Intervening Plaintiff, v. FAIRCHILD AIRCRAFT CORPORATION, Defendant-Appellee

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that the district court erred by admitting expert reports as non-hearsay under Rules 702 and 703
• ruling that impeachment of a witness with the witness’s lengthy report entitled defendant to introduce other statements in the report that were prior consistent statements in order to rehabilitate the witness “by clarifying or explaining his prior statements”
• district court did not abuse its discretion in admitting expert's report for rehabilitative purposes
• “[t]he trial court has greater discretion to admit prior consistent statements to rehabilitate an impeached witness, by clarifying or explaining his prior statements alleged to be unreliable, than if the statements are offered for their truth under Rule 801(d)(1)(B).”
• a “party’s right to admit prior statements in a document ... does not necessarily entitle [ ] that party to submit the documents as an exhibit to the jury. Permitting the document to go to the jury room could unduly prejudice the cross examination.”

Source: CourtListener parenthetical corpus (CC0).