Quimbee logo with url
From our private database of 14,300+ case briefs...

Echo Acceptance Corp. v. Household Retail Services, Inc.

United States Court of Appeals for the Tenth Circuit
267 F.3d 1068 (2001)


Facts

Echo Acceptance Corporation and Echosphere Corporation (collectively, Echo) (plaintiffs) sued Household Retail Services, Inc. (HRSI) (defendant) for breach of contract. HRSI proffered as evidence three letters drafted by HRSI lawyers in anticipation of the litigation. The trial judge barred the evidence, ruling the letters constituted legal posturing rather than admissible business records within the meaning of the Federal Rule of Evidence 803(6) business records exception to the hearsay rule. The jury found in favor of Echo. HRSI appealed to the United States Court of Appeals for the Tenth Circuit, arguing, among other things, that the judge erred in excluding the letters from evidence.

Rule of Law

Issue

Holding and Reasoning (Kelly, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 256,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 14,300 briefs, keyed to 191 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.