Wednesday, March 30, 2005

Agency investigative report admissible?

In an unpublished decision, the 9th Circuit upholds the exclusion of an investigatory report in an employment discrimination case. EEOC v. Columbia Alaska Regional Hosp., 2005 WL 658940 (9th Cir. March 18, 2005), , Find Result - 2005 WL 658940. What makes this unpublished decision more interesting than usual is that there is a dissent by Judge Wardlaw, who would have found the report admissible under FRE 803(8)(C).

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