United States Sixth Circuit

In a Title VII action alleging that Defendant failed to promote Plaintiff based on his race, judgment for Defendant is reversed, where the District Court erred by failing to admit evidence that the candidate promoted instead of Plaintiff lied on his promotion application, as the evidence fell under the business record exception to the hearsay rule.

Appellate Information

• Decided 05/20/2009
• Published 05/20/2009

Judges

• MERRITT, Circuit Judge., Before:  MERRITT, MOORE, and COLE, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  David E. Danner, Antioch, Tennessee, for Appellant.   Steven B. McCloud, Office of the Tennessee Attorney General, Nashville, Tennessee, for Appellee.   ON BRIEF:  David E. Danner, Antioch, Tennessee, for Appellant.  Steven B. McCloud, Office of the Tennessee Attorney General, Nashville, Tennessee, for Appellee.