Caroline Smith

Caroline Smith

Butler Snow LLP

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Hey, did you notice that? Pre-suit notice under U.C.C. § 2-607(3)

Before a buyer of “goods” can bring a breach of warranty claim, Section 2-607(3) of the Uniform Commercial Code requires that it, “within a reasonable time after he discovers or should have discovered any breach[,] notify the...more

6/17/2021  /  Appeals , Breach of Warranty , Buyers , Damages , Failure to Notify , Notice Requirements , Sellers , State and Local Government , Uniform Commercial Code (UCC)

Revisions to the Residual Exception Contained in Federal Rule of Evidence 807 Seek to Provide Clarity and Uniformity

The residual exception in Federal Rule of Evidence 807 provides a vehicle for the admission of hearsay statements that are not otherwise admissible under Rule 803 or 804. As the Fifth Circuit has observed, though, the...more

7/17/2019  /  Admissible Evidence , Evidence , Federal Rules of Evidence , Hearsay , Hearsay Exceptions , Notice Requirements , Proposed Rules , Totality of Circumstances Test
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