United States Ninth Circuit

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Transbay Auto Service, Inc. v. Chevron USA, 13-15439

In an action over the sale of a San Francisco gas station, the district court's entry of judgment for plaintiff is reversed and a new trial ordered where the court should have admitted a third-party appraisal of the property as an adoptive statement under Federal Rule of Evidence 801(d)(2)(B) and that error could have changed the jury's verdict. The Court adopted the possession plus test to determine adoption.

Appellate Information

  • Decided
  • Published 2015/11/30

Judges

  • TALLMAN

Court

  • United States Ninth Circuit

Counsel