Zenith Radio Corp. v. Matsushita Electrical Industrial Co., Ltd.

505 F.Supp. 1190 (1980)

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Zenith Radio Corp. v. Matsushita Electrical Industrial Co., Ltd.

United States District Court for the Eastern District of Pennsylvania
505 F.Supp. 1190 (1980)

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  • Written by Sean Carroll, JD

Facts

Zenith Radio Corp. (Zenith) (plaintiff) brought suit against various Japanese companies (defendants) claiming that it was a victim of a large conspiracy to destroy the American consumer electronics market through predatory pricing. At trial, Zenith sought to introduce testimony given before the Japanese Federal Trade Commission by employees of some of the Japanese companies.

Rule of Law

Issue

Holding and Reasoning (Becker, J.)

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Casebooks

Evidence

Key Terms

  • Near-Miss ProblemThe residual-hearsay exception cannot be invoked as the basis for the admissibility of evidence which is of a type covered by another specific hearsay exception, but which narrowly fails to meet the precise requirements of that specific exception.
  • Federal Rule of Evidence 804(b)(1)An exception to the hearsay rule providing that former testimony of a witness is admissible if the witness is unavailable, and if the testimony is offered against a party who had, or whose predecessor in interest had, a similar motive and opportunity to develop the prior testimony through direct, cross, or redirect examination.
  • Federal Rule of Evidence 807Provides that a hearsay statement not admissible under Rules 803 or 804 is admissible if (1) the statement has equivalent circumstantial guarantees of trustworthiness, (2) it is offered as evidence of a material fact, (3) it is more probative than any other evidence that the proponent can obtain through reasonable efforts, (4) admitting it will best serve the interests of justice, and (5) the other party has reasonable notice allowing an opportunity to respond.

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