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Evidence keyed to Mueller
LLoyd v. American Export Lines
Facts
A violent altercation occurred between Alvarez and Plaintiff while their ship was docked at a port in Japan. Following the fight, a hearing was held by the Coast Guard concerning the potential revocation of Plaintiff’s license, and Plaintiff gave testimony about the alleged assault during the hearing. Subsequent to the Coast Guard hearing, Alvarez brought his own suit under the Jones Act, claiming negligence on the part of Defendant in employing Plaintiff. At that trial, Defendant offered Plaintiff’s testimony from the hearing into evidence to show that Alvarez had initiated the fight. Plaintiff was “unavailable” under the Federal Rules of Evidence, as he was unable to be found, even by his own counsel. The lower court excluded the evidence, holding that the requirements of Federal Rule of Evidence 804(b)(1) were not met.
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