Ensuring Prior Bad Acts Come Into Evidence in Personal Injury Cases: Strategies for Plaintiffs and Defendants
Recording of a 90-minute CLE video webinar with Q&A
This CLE course will guide personal injury lawyers on how to leverage too often overlooked in civil cases Federal Rule of Evidence 404(b) to get valuable evidence admitted and why the quest for such evidence can lead to other admissible evidence or influence settlement. The panel will discuss the rule and its exceptions; 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:
- Has the definition of "bad acts" changed over time?
- 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
Christopher G. Campbell
Partner
DLA Piper
Mr. Campbell is a partner in the firm’s Product Liability and Mass Tort practice. He has experience in all phases... | Read More
Mr. Campbell is a partner in the firm’s Product Liability and Mass Tort practice. He has experience in all phases of litigation, including first-chairing jury and bench trials in state and federal courts and arguing appeals. He is co-author of the book Expert Witnesses: Products Liability Cases (West 2009), an in-depth guide to expert witness development in all types of product liability and mass tort matters, including pharmaceutical, toxic torts, automotive, industrial accidents and children's and consumer products.
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William F. Kiniry, III
Attorney
DLA Piper
Mr. Kiniry is engaged in a broad-based litigation practice focused on product liability, medical malpractice,... | Read More
Mr. Kiniry is engaged in a broad-based litigation practice focused on product liability, medical malpractice, internal investigations and regulatory compliance. He has first chair trial experience with automotive product liability litigation, particularly warranty litigation where he has appeared in nearly every court in the State of Maryland. Mr. Kiniry's practice is centered on the preparation, trial, and appeal of civil litigation cases, including conducting internal investigations in reconstructing and explicating the “company story” with respect to involvement with legacy products such as asbestos; responding to and conducting discovery in mass tort (asbestos) litigation; the representation of a major health care system and its practitioners in a variety of contexts; representation of major pharmaceutical manufacturers, as well as manufacturers and distributors of automobiles and heavy construction equipment.
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Vidhi Kumar
Associate
DLA Piper
Kumar focuses her practice in diverse areas of litigation, regulatory compliance and enforcement, and investigations... | Read More
Kumar focuses her practice in diverse areas of litigation, regulatory compliance and enforcement, and investigations and is a member of the firm’s Environmental Practice Group. She is developing a broad-based practice in complex commercial litigation with a particular focus on the defense of industrial companies in toxic tort and product liability actions. Ms. Kumar is currently involved in the defense of a multinational chemical company in multidistrict litigation involving PFAS. She is committed to pro bono work as a member of the Maryland State Bar Association’s Young Lawyers’ Section. She has also focused on issues related to estate-planning for low-income individuals.
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