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Read the opinion of the Second Circuit Court of Appeals in Schering v. Phizer , 189 F.3d 218 (2d Cir. 1999), which is available at
- Read the opinion of the Second Circuit Court of Appeals in Schering v. Phizer, 189 F.3d 218 (2d Cir. 1999), which is available at page 314 of your text or in the Halle Library's Westlaw database. Then answer the following questions :
- What exceptions to the hearsay rule did the court use in reaching its decision (cite the subrule and its title, not just the number, e.g., FRE 803(1) Present Sense Impression)?
- What support did the court provide for its statement that in some instances it is not necessary to examine the trustworthiness of the surveys before overruling a hearsay objection?
- What did the court state that trustworthiness is a consideration under FRE 807?
- Bob Talbert is a reporter for the Detroit Herald-Tribune. In the course of reporting on a story about fraud in issuing government contracts, Mayor Clagwell of Beyer Park, Michigan reveals to Talbert that he received $10,000 from Crooks Road Construction to steer city road work in its direction. Another construction company, Brightmoor Road Building, has filed a civil suit against Mayor Clagwell, the city of Beyer Park, and Crooks Road construction, asserting fraud in being denied road building contracts with the city. Mayor Clagwell, citing the threat of prosecution, has asserted his 5th Amendment right not to testify. The Plaintiff wishes to call Bob Talbert as a witness to testify about the Mayor's statements concerning the payment from Crooks Road Construction. Talbert objects, claiming that he cannot be called as a witness under Michigan's Press Shield law? Can the court compel Talbert to testify? Use the Halle Library Westlaw database or the Lexis database (if you have access to it) in reaching your answer
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