Civil Procedure Case Summaries

P0950 Evidence should be excluded on the ground that its probative value is outweighed by its likely prejudicial effect only if it has little evidentiary value and creates an emotional bias; evidence that an internet brokerage defendant to which plaintiff demonstrated and described software he had developed and which was alleged to have misappropriated the software previously considered investing in the software company from which it subsequently purchased identical software and did invest in the company after making that purchase was probative because it showed deep entanglement between the brokerage company and the software company, and in the absence of evidence that it was likely to create an emotional bias, was properly admitted.

AJAXO v E*TRADE (Stolen Software) 135 CA4 21 [See: EvC 352; Schall v Lockheed 37 CA4 1485, T/AT 10/95; Bihun v AT&T 13 CA4 976, T/AT 4/93]


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2006 Civil Procedure Case Summaries

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