John J. Tollefsen Complex Litigation Law Blog on Lawyers.com

Millenkamp v. Davisco Foods Intern., Inc., 562 F.3d 971, 2009 WL 982787 (9th Cir.(Idaho) Apr 14, 2009) (NO. 07-35299, 07-35318)

Although no new ground is broken, this case provides recent Ninth Circuit case law on spoliation of evidence, settlement letters as evidence, expert opinions and business letters as admissible business records. Generally settlement letters are not admissible because their prejudicial effect is greater than their probative value. Daubert hearings are within the discretion of the trial court. Spoliation requires proof of knowledge of potential litigation. Business letters are not generally business records because they are not generated in the ordinary course of business.