Epstein Secrets

ockbuster, Inc. v. White, 819 So. 2d 43, 44 (Ala. 2001)) (internal quotation marks and other citations omitted); accord Woods Knoll, LLC v. City of Lincoln, Ala., 548 F. App'x 577, 581 (11th Cir. 2013). For internal use only SDNY_GM_00056911 CONFIDENTIAL - PURSUANT TO FED. R.ctON(F IDENTIAL DB-SDNY-

651 F.2d 628. 630 (9th Cr. 1981) (-Facts of independent legal significance constituting a contract which is at issue are not hearsay.") Accordingly, the Ninth Circuit held that ('18) testimony that a third party accepted a contract during an out- of-court telephone conversation was not hearsay because it was not in

v. Kirkland, 853 F.2d 1243, 1246 (5th Cir. 1988) ("Non-human entities ... can be "victims! entitled to restitution ... ."); see also United States v. Lincoln, 277 F.3d 1112, 1113-14 (9th Cir. 2002) (discussing 18 U.S.C. § 3664, which specifically recognizes the United States as a possible victim for restit

ght of the conference report on Rule 16, compelling disclosure of witness names before trial appears inconsistent with the federal rules. And even if the Ninth Circuit's approach was valid at the time Armstrong was decided, such an approach is no longer valid in light of the CVRA. Rule 57(b) only provides a basis for

But even if one were to construe the report in the way advocated by the comment, such reports themselves do not have the force and effect of law, see Lincoln v. Vigil, 508 U.S. 182, 192 (1993); AHA, 499 U.S. at 616, and thus at best are only potential evidence of legislative intent. 35 However, it is inco

FMLA cases cited by the majority support finding that a failure to post a general notice of employee rights under the NLRA is unlawful. In Bachelder, the Ninth Circuit actually ound “unavailing” the employer’s argument that it had satisfied all its specific FMLA notice obligations because it had complied with the FM