"Me Too" Evidence in Employment Litigation: Pursuing Admission or Exclusion of Propensity Evidence
Recording of a 90-minute CLE webinar with Q&A
This CLE webinar will provide guidance to employment litigators for pursuing or challenging the admission of “me too” evidence in discrimination, retaliation or harassment cases. Our panel of experienced employment litigators will discuss the factors courts take into account when ruling on the admissibility of “me too” evidence and share their perspectives and approaches to drafting pleadings, conducting discovery, arguing motions and trying cases in which “me too” evidence is critical to the outcome of the case.
- Applicability of Federal Rules of Evidence 401, 403 and 404 to "me too" evidence
- Factors courts consider in determining admissibility of “me too” evidence
- Strategies for pursuing admissibility of “me too” evidence
- Strategies for pursuing exclusion of “me too” evidence
The panel will review these and other key issues:
- What factors does the trial court consider when determining whether to admit or exclude “me too” evidence?
- What are some considerations and best practices for counsel pursuing the admissibility of “me too” evidence?
- What are some considerations and best practices for counsel opposing the admissibility of “me too” evidence?
David Augustus Garcia
Ogletree Deakins Nash Smoak & Stewart
Mr. Garcia has represented many Fortune 500 companies in complex employment matters. He has experience defending... | Read More
Mr. Garcia has represented many Fortune 500 companies in complex employment matters. He has experience defending management, government entities and other clients in claims brought under the Fair Employment and Housing Act, Title VII, Americans with Disabilities Act, Age Discrimination in Employment Act, Family Medical Leave Act, and California Wage and Hour Laws. Mr. Garcia also has experience defending employers in wage and hour class actions, including claims for overtime violations, meal and rest period violations, waiting time penalties, and other purported wage and hour violations.Close
Since 2002 Mr. Jackson has devoted his career to representing employees whose rights have been violated in the... | Read More
Since 2002 Mr. Jackson has devoted his career to representing employees whose rights have been violated in the workplace. He handles nearly all aspects of litigation arising from the employment relationship, representing employees with a wide variety of legal claims arising from the workplace. Mr. Jackson has particular experience representing salespersons and management level employees who have been the victims of wage and hour violations perpetrated by automobile dealerships, which is all too common and often goes unpunished.Close
Joseph C. Liburt
Orrick Herrington & Sutcliffe
Mr. Liburt has extensive litigation experience successfully defending claims of discrimination, harassment,... | Read More
Mr. Liburt has extensive litigation experience successfully defending claims of discrimination, harassment, retaliation, wrongful termination, defamation, interference with contract, infliction of emotional distress, invasion of privacy and breach of contract. He has written articles and spoken on various employment and ERISA topics. He also trains employers on various aspects of employment law.Close