United States of America before Federal Trade Commission

By Huffman, Gregory S. C.

Book Id: WPLBN0000164001
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Title:	United States of America before Federal Trade Commission
Author:	Huffman, Gregory S. C.
Volume:
Language:	English
Subject:	Trade, Import and export controls, Federal Trade Commission (U.S.)
Collections:	Economics Publications Collection, Federal Trade Commission
Historic Publication Date:
Publisher:	Government Printing Office


Citation APA MLA Chicago S. C. Huffma, B. G. (n.d.). United States of America before Federal Trade Commission. Retrieved from https://self.gutenberg.org/

Description
Government Reference Publication

Excerpt
NORTH TEXAS SPECIALTY PHYSICIANS? FIRST AMENDED RESPONSE TO COMPLAINT: COUNSEL?S BENCH MEMORANDUM REGARDING EVIDENCE OF SPECIFIC EXTRINSIC CONDUCT The Federal Rules of Evidence expressly allow Respondent North Texas Specialty Physicians (?NTSP?)to cross-examine third-party payor witnesses about specific conduct and to introduce extrinsic evidence of such conduct. Rule 401 defines relevant evidence as evidence having ?any tendency? to make a fact of consequence ?more probable or less probable.? The standard for relevance is a liberal one, as recognized by the Supreme Court. The specific conduct of third-party payors that NTSP seeks to introduce is relevant to this proceeding because it goes directly to the conduct of NTSP and its participating physicians that is challenged by Complaint Counsel. Further, the evidence is relevant because it goes to the bias of the third-party payor witnesses. According to the Supreme Court and the Federal Rules of Evidence, Rule 608(b), cited by Complaint Counsel in support of its position, is not applicable to a showing of bias. Finally, Rule 611(b) requires that NTSP be allowed to cross-examine third-party payor witnesses on subject matters addressed by Complaint Counsel in direct examination. In the case of Mr. Quirk, Complaint Counsel addressed in direct examination conduct of NTSP related to the specific acts NTSP seeks to introduce into evidence through cross-examination.