In Morrison v. National Australia Bank, 561 U.S. 247 (2010), the Supreme Court applied the presumption against extraterritoriality to securities fraud statutes. Again in Kiobel v. Royal Dutch Petroleum, 133 S.Ct. 1659 (2013), the Supreme Court applied the presumption and held the plaintiff lacked extraterritorial jurisdiction under the Alien Tort…
However, there is a “longstanding principle of American law that legislation of Congress, unless a contrary intent appears, is meant to apply only within the territorial jurisdiction of the United States.” Morrison v. Nat’l Austl. Bank Ltd., 561 U.S. 247, 255, (2010) “The presumption against extraterritoriality is only a presumption;…
I was having a few flashbacks to civil procedure class in a recent Federal extradition case recently. In law school, we had to learn the International Shoe standard of “minimum contacts which do not disturb traditional notions of fair play and substantial justice” according to International Shoe, whereby a state…
However, Texas allows the admissibility of medical laboratory blood that is drawn and tested at hospitals using indirect enzyme tests to be admissible in a driving while intoxicated case. This is despite the fact that the testing is a much less reliable enzyme test through a chemical reaction that is…
I saw a Nick Saban quote online that addresses that there are few choices in life when we want to succeed. There are not many ways to do things the right way, usually only one way works. Coach Saban said “[w]e have a younger generation that isn’t told no or…
But, a defendant like Dr. Kavanaugh might offer evidence of good character in general as a defense, which can be a defense in itself. United States Court of Appeals for the Fifth Circuit Pattern Jury Charge 1.09 explains that Where a defendant has off evidence of good general reputation for…
On direct examination, neither party can testify as to specific instances of misconduct to show truthfulness or untruthfulness. However, 608(b) states “…[b]ut the court may, on cross-examination, allow them to be inquired into if they are probative of the character for truthfulness or untruthfulness of: (1) the witness; or (2)…
Here, we are dealing with a 35 year-old allegation of sexual misconduct for which no physical evidence would be present due to the age of the case and the nature of the allegation. Additionally, Kavanaugh has not stated that he and Ford engaged in criminal activity, so (B) is out. …
Rule 613(b) states that “(b) …[e]xtrinsic evidence of a witness’s prior inconsistent statement is admissible only if the witness is given an opportunity to explain or deny the statement and an adverse party is given an opportunity to examine the witness about it, or if justice so requires…” Thus, the…
The central piece of evidence in this case is Professor Ford’s testimony. She has previously discussed her experience with a therapist, whose notes are different from her recent statements. So, on cross examination, assuming she testifies similar to her recent statements, she would be confronted with the contradictions in her…