Bohler-Uddeholm America, Inc. v. Ellwood Group, Inc.

In a contract dispute between business partners Bohler-Uddeholm (plaintiff) and Ellwood Group (defendant), Uddeholm sought to introduce a 1994 affidavit from its former president, Bo Jonsson — its only representative at key disputed meetings — which contradicted Ellwood's account of those meetings. Jonsson had since left the company and died in 1996, before trial, making him unavailable to testify. The district court admitted the affidavit under Federal Rule of Evidence 807, the residual hearsay exception, after detailed findings on its reliability and necessity, and the jury found for Uddeholm. Ellwood appealed, arguing the district court abused its discretion in admitting the affidavit.