January 21st, 2022

Weinhoffer v. Davie Shoring, Inc.

Docket: 20-30568
Opinion Date: January 20, 2022
Judge: Higginbotham
Areas of Law: Civil Procedure, Contracts, Internet Law

In this dispute over terms of an online auction, the Fifth Circuit concluded that the district court abused its discretion by improperly admitting evidence and taking judicial notice of the terms. The court explained that Exhibit 41, an internet printout, was not properly authenticated, and the district court abused its discretion by determining that the exhibit was fit under Federal Rule of Evidence 803. Furthermore, the district court erred in taking judicial notice of the terms because a private internet archive falls short of being a source whose accuracy cannot reasonably be questioned as required by Rule 201. Because the district court's errors were not harmless, the court reversed and remanded for further proceedings.

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