United States Ninth Circuit

When reviewing the effect of erroneous evidentiary rulings in civil trials, the presumption of prejudice can be rebutted by a showing that it is more probable than not that the jury would have reached the same verdict even if the evidence had been admitted.

Appellate Information

• Argued 11/03/2004
• Decided 03/04/2005
• Published 03/04/2005

Judges

• BYBEE, Circuit Judge., Before BRUNETTI, GRABER, and BYBEE, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Clayton C. Ikei, Honolulu, HI, for the plaintiff-appellant.


• For Appellees:
  
• E. Roy Hawkens, Jeffrey Clair, Appellate Staff Civil Division, Department of Justice, Washington, DC, for the defendant-appellee.