McAlinney v. Marion Merrell Dow, Inc.
United States Court of Appeals for the Eighth Circuit
992 F.2d 839 (1993)

- Written by Kate Luck, JD
Facts
Patrick McAlinney (plaintiff), a former employee of Marion Merrell Dow, Inc. (Marion) (defendant), sued Marion for national-origin discrimination. At trial, McAlinney sought to introduce a cassette tape containing audio recordings of his conversations with Marion employees. The audio recordings were difficult to hear and contained excessive background noise. The tape had blank portions, and some conversations appeared twice on the tape. McAlinney admitted that he had edited the recordings. The district court excluded the recordings from evidence because the court was concerned that the recordings would confuse or mislead the jury. However, McAlinney testified as to the statements that were allegedly made in the recordings. The jury entered a verdict in favor of Marion, and the district court accordingly entered judgment for Marion. On appeal, McAlinney argued that the district court erred by excluding the recordings from evidence.
Rule of Law
Issue
Holding and Reasoning (Wollman, J.)
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