Main Content
Evidence Spring 2024
Clay v. Johns-Manville Sales Corp.
This case considers whether the deposition of Dr. Kenneth Wallace Smith, former medical director at a major asbestos firm, can be admitted under the former testimony exception. The case illustrates the application of the rule, and demonstrates a context where the rule really matters.
(Note that one of the Comprehension Questions for today asks: What did the Clay case add to your understanding of the term “predecessor in interest”?)
United States Court of Appeals for the Sixth Circuit
722 F.2d 1289
Nos. 80-5416, 80-5417
1983-12-07
This book, and all H2O books, are Creative Commons licensed for sharing and re-use. Material included from the American Legal Institute is reproduced with permission and is exempted from the open license.