· 5/28/1985
K-B Trucking Company and Keith Collins, Cross-Appellants v. Riss International Corporation and World Leasing, Inc., Cross-Appellees
Citations
- 763 F.2d 1148
- 18 Fed. R. Serv. 682
- 1985 U.S. App. LEXIS 20687
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that objections identifying exhibits as “cumulative” were “specific enough to preserve the Rule 403 issue for appeal”
- holding that in diversity cases, the identity of a real party in interest is determined by the substantive law of the forum state
- recognizing that when state law permits a showing of fraud by circumstantial evidence, fraud “may be proved by showing circumstances from which the inference of fraud is natural and irresistible” (internal quotation marks omitted)
- stating that the “exclusion of relevant evidence under Rule 403 is ‘an extraordinary remedy to be used sparingly’”
- stating that even if the district court abuses its discretion by erroneously admitting particular evidence, the error is harmless if it does not prejudicially affect a substantial right of the party asserting error
- determining Kansas’s substantive law governed whether plaintiff was real party in interest on fraudulent misrepresentation claim
Source: CourtListener parenthetical corpus (CC0).
Judges: Holloway, Barrett, Miller
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.