In Re: Methyl Tertiary Butyl Ether ("MTBE") Products Liability Litigation

Filing 2730

ENDORSED LETTER addressed to Magistrate Judge James C. Francis IV from Lauren E. Handel dated 8/7/09 re: We respectfully request that the Court issue a ruling on Exxon Mobil's general hearsay objection to all of Plaintiff's designations of prior trial testimony. ENDORSEMENT: Application for Reconsideration granted and prior decision adhered to. The interests of the defendant in the current litigation and the defendant in the prior trial were sufficiently similar to warrant admission of the testimony under F.R. Evid. 804(b)(1). See Clay v. Johns - Manville Sales Corp., 722 F.2d 1289, 1295 (6th Cir. 1983); Santrayall v. Burrell, No. 91 civ. 3166, 1998 WL 60926, at *2-3 (S.D.N.Y. Jan. 21, 1998); Construction Technology, Inc. V. Cybermation, Inc., No. 91 civ. 7474, 1996 WL 376601 (S.D.N.Y. April 30, 1996). (Signed by Magistrate Judge James C. Francis on 8/10/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(rjm)

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