Commercial Litigation and Arbitration

Third-Party Consumer Emails Admissible under Residual Exception — Unfair Trade Practices Litigation

From State v. Sunrise Herbal Remedies, Inc., 296 Conn. 556, 2 A.3d (Conn. Sup. Ct. 2010):

We also note that it is not clear whether the trial court would conclude that much of the purported hearsay, such as the contents of the consumer complaints, is inadmissible. Compare Federal Trade Commission v. Figgie International, Inc., 994 F.2d 595, 608 (9th Cir. 1993) (consumer complaint letters admissible under residual exception to hearsay rule); Federal Trade Commission v. Magazine Solutions, LLC, United States District Court, Civ. No. 7-692, 2009 U.S. Dist. LEXIS 20629 **4-7 (W.D. Pa. March 16, 2009) (consumer complaints admissible under residual exception to hearsay rule); Federal Trade Commission v. Cyberspace.com, LLC, United States District Court, Civ. No. 00-1806L, 2002 U.S. Dist. LEXIS 25565 *13 (W.D. Wash. July 10, 2002) (consumer e-mails and letters of complaint admissible under residual exception to hearsay rule) with Iams Co. v. Nutro Products, Inc., United States District Court Civ. No. C-3-00-566, 2004 U.S. Dist. LEXIS 15129 *15 (S.D. Ohio July 26, 2004) (mystery shopper reports not admissible under residual exception to hearsay rule because insufficient circumstantial guarantees of trustworthiness).

Share this article:

Facebook
Twitter
LinkedIn
Email

Recent Posts

Archives