Hearsay can really trip attorneys up. The many hearsay exceptions may or may not apply to particular testimony, and those exceptions are spread across multiple rules that themselves may or may not apply. And there can be multiple layers of hearsay—with exceptions applying to some layers but not others.
Last week, in Agilent Technologies, Inc. v. Axion Biosystems, Inc., C.A. No. 23-198-CJB (D. Del.), the Court addressed double hearsay in the summary judgment context.
Agilent claimed false advertising by Axion. Axion moved for summary judgment of no false advertising. As part of ruling on that motion under the circumstances of the case, the Court looked at whether "actual customer deception" had occurred.
The …
