FRE 404(b) – Pospis Law, PLLC

September 5, 2023 by mjpospis

“Me Too” Evidence Permitted in Discrimination Case

In a recent case, Rudolph v. Abbott Laboratories, Inc., Civil Action No.: 3:18-cv-6071-PGS-TJB, 2023 WL 5638844 (D.N.J. August 31, 2023), the court denied defendant’s motion in limine seeking to prelude plaintiff from introducing evidence of other employees’ allegations of discrimination. This evidence, typically referred to as “me too” evidence, can be very useful in a discrimination…

EEOC Consent Decree Excluded From Evidence

In Roberts v. Tim Dahle Imports, Inc., 2022 WL 1773036 (D.Utah June 1, 2022), an employment discrimination case, the court granted defendant’s motion in limine to exclude evidence in the form of an EEOC Consent Decree. From the decision: Plaintiff offers the 2009 consent decree for a proper purpose to prove intent and motive to…

Court Rules on “Modus Operandi” Witnesses in Bruce Weber Sexual Harassment Case

A recent decision, Boyce v. Bruce Weber and Little Bear, Inc., 19-cv-3825, 2021 WL 2821154 (S.D.N.Y. July 7, 2021), is instructive as to how courts resolve evidentiary issues arising in the context of sexual harassment claims. In this case, plaintiff (a fashion model) asserts claims for sexual harassment against defendant Weber (a fashion photographer) under…