FRE 404(a) – 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 Quashes Subpoenas Seeking Documents Held By Discrimination Plaintiff’s Prior Employers

In Henry v. Morgan’s Hotel Grp., Inc., No. 15-CV-1789 (ER)(JLC), 2016 WL 303114 (S.D.N.Y. Jan. 25, 2016) – a race and sexual orientation discrimination case – the court quashed subpoenas seeking documents from plaintiff’s prior employers. Specifically, the court quashed the subpoenas because they (1) failed to provide adequate notice, (2) would cause prejudice to plaintiff,…