United States Seventh Circuit

District court judgment finding a handwritten report and accompanying testimony inadmissible is affirmed where: 1) the court erred when it did not classify the report as an admission by a party opponent under Federal Rule of Evidence 801(d)(2)(D); and 2) the court did not abuse its discretion when it found the record inadmissible under Rule 403, as the report was unreliable based on the multiple levels of hearsay and lack of precise factual statements.

Appellate Information

• Argued 02/11/2009
• Decided 07/09/2009
• Published 07/09/2009

Judges

• BAUER, Circuit Judge., Before BAUER, RIPPLE and WOOD, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• James T. Foley, Attorney (argued), Foley Law Group, LLC, Westmont, IL, for Plaintiff-Appellant.


• For Appellees:
  
• Catherine B. Weiler, Attorney (argued), Swanson, Martin & Bell, Chicago, IL, for Defendant-Appellee.