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SCHERING CORP. v. PFIZER INC.

No. 99-7285.

189 F.3d 218 (1999)

SCHERING CORPORATION, Plaintiff-Appellant, v. PFIZER INC. and UCB Pharma, Inc., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided August 17, 1999.

As Amended on Rehearing September 29, 1999.

Attorney(s) appearing for the Case

Gregory L. Diskant, Patterson, Belknap, Webb & Tyler LLP, New York, New York (Andrew D. Schau and Todd R. Geremia, on the brief, Michael M. Martin, Robert Trainor and Kenneth Hanley, of counsel), for Plaintiff-Appellant.

Jacqueline R. Denning, Arnold & Porter, New York, New York (David H. Futterman, William W. Vodra, Annalisa Pizzrello, Randall Miller and Anthony D. Boccanfuso, on the brief, George W. Evans and Joseph M. Gaynor, of counsel), for Defendants-Appellants-Cross-Appellees.

Before: OAKES, PARKER, and SOTOMAYOR, Circuit Judges.

SOTOMAYOR, Circuit Judge:

This appeal invites us to revisit an increasingly important issue in the law of evidence, and one that has confused many courts. Today we clarify the circumstances under which scientifically conducted surveys may be admitted into evidence over a hearsay objection. The case comes to us on appeal from an order of the United States District Court for the Southern District of New York (McKenna, J.) denying a motion for a preliminary injunction...

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