FRE 404(b) in Personal Injury Cases: Tipping the Scales With Evidence of Prior Bad Acts and Uncharged Incidents
Recording of a 90-minute CLE video webinar with Q&A
This CLE course will guide personal injury lawyers through Federal Rule of Evidence 404(b) (and its state counterparts), which has been described as the most controversial of the Federal Rules of Evidence and generates more published opinions than any other provision in the Federal Rules. The program will explore what the evidence in FRE 404(b) includes and what it does not, a very subtle distinction; how to uncover prior bad acts or incidents; how to get that evidence admitted, and best strategies for excluding it; and how to not overlook this rule in personal injury cases.
Outline
- What evidence FRE 404(b) covers
- What evidence is never implicated by FRE 404(b)
- Admissibility
- Proper evidentiary purpose
- Relevant
- Probative value vs. prejudice
- Proper limiting instruction
- Application in different types of cases
Benefits
The panel will review these and other pressing issues:
- What standard should be applied when reviewing Rule 404(b) proper purpose determinations?
- Do the rules governing the admissibility of character evidence apply to corporations or other entities?
- What does it mean that Rule 404(b) is a rule of inclusion rather than exclusion?
- What is "reverse" FRE 404(b) evidence?
- What objections can be expected?
Faculty
Stephen J. Haedicke
Attorney
Law Office of Stephen J. Haedicke
Mr. Haedicke focuses his practice on representing individuals in complex litigation, particularly criminal defense and... | Read More
Mr. Haedicke focuses his practice on representing individuals in complex litigation, particularly criminal defense and civil rights cases.
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Beth C. Boggs
Managing Partner
Boggs Avellino Lach & Boggs
Ms. Boggs concentrates her practice in civil litigation involving construction defect, insurance coverage, employment... | Read More
Ms. Boggs concentrates her practice in civil litigation involving construction defect, insurance coverage, employment law, premises liability, transportation, defense of pharmacy cases, civil rights defense, professional negligence, toxic tort defense, asbestos exposure defense and insurance defense. She is a frequent author on a variety of insurance and trial topics and speaker at national conferences on trial-related topics. Ms. Boggs was selected to be a Senior Fellow in the Litigation Counsel of America, an honorary society honoring the top one-half of one percent of American lawyers.
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Felicia A. Long
Shareholder
Hill Hill Carter Franco Cole & Black
Mrs. Long focuses her practice on complex civil litigation and insurance defense matters. She has successfully defended... | Read More
Mrs. Long focuses her practice on complex civil litigation and insurance defense matters. She has successfully defended individuals, small businesses, corporations, and insurers in state and federal courts throughout Alabama in cases involving extra-contractual claims, first-party and third-party insurance claims, coverage questions, business/contract disputes, construction defects, fraud, arson, theft, product liability, premises liability, truck/automobile litigation, catastrophic injury, and workers’ compensation. She also maintains an appellate practice and is a registered mediator with the Alabama Center for Dispute Resolution.
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