Verizon Directories Corp. v. Yellow Book USA, Inc.
United States District Court for the Eastern District of New York
331 F. Supp. 2d 136 (2004)
Verizon Directories Corporation (plaintiff) sued Yellow Book USA, Inc. (defendant) in the United States District Court for the Eastern District of New York. Verizon alleged that Yellow Book made false or misleading statements in its advertising. At a bench trial on the issue of Yellow Book’s liability, both parties prepared and presented numerous computer-generated demonstrative exhibits, which the court referred to as “pedagogical devices.” The exhibits typically featured an image of a document with a certain portion of the text highlighted and enlarged on the screen. The parties also prepared and presented subtitled video clips of deposition testimony, sometimes alongside an image of a relevant document or other data. The parties also prepared and presented graphs, diagrams, and freeze-frame images of the relevant portions of television commercials. The court struck some of the exhibits for errors or because they were not useful. The court then considered whether to admit the other pedagogical devices into evidence.
Rule of Law
Holding and Reasoning (Weinstein, J.)
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