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The court dismissed a motion to use uncertified audio recordings instead of certified transcripts for closing submissions.
The plaintiff moved for an order to permit counsel to refer to audio transcription files and summaries from the court reporting system in closing arguments at trial, and to provide copies to opposing counsel and the trial judge, instead of using certified transcripts.
The motion was dismissed.
The court held that certified transcripts by an authorized transcriptionist are required, citing significant difficulties in deciphering audio, time-consuming review, increased costs, and potential issues on appeal if uncertified audio recordings were used.
The court emphasized the importance of certified transcripts for the integrity of the court record and efficiency.
Diploma’s residual value set at 15% in class action damages assessment.
In a class proceeding concerning a college program that failed to deliver promised professional designations, the court issued an addendum addressing the residual market value of the diploma received by class members.
The court reconsidered supplementary submissions regarding whether the diploma had measurable value independent of the promised designations.
While the plaintiffs argued the diploma had little or no value and the defendant contended it retained full value, the court determined that the diploma had limited residual value based on evidence about employment outcomes, educational background of students, and survey data.
The court concluded that the residual value of the diploma was approximately 15% of the direct costs incurred by class members.
Aggregate damages were therefore fixed at 85% of the direct costs for students who completed the program.