Needham v. Coordinated Apparel Group, Inc.

I agree that the Congressional subcommittee hearing report was erroneously admitted, but I disagree with the ultimate conclusion of the majority that its admission compels reversal because “defendants were denied a fair trial.” I therefore respectfully dissent.

No task of an appellate court is more difficult than attempting to assess from a cold record the fairness of a trial. The challenge is particularly difficult when, as here, experienced trial counsel for both parties test the bounds of advocacy in an emotionally charged case involving traumatic injury to a young child. I do not quarrel…