Home -> Law Blog Directory -> Labor & Employment Law Blogs -> Jottings By An Employer's Lawyer
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense
Find a Local Lawyer
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402
Labor & Employment Law
: Jottings By An Employer's Lawyer"Me Too Evidence" - A Do Over
By Michael W. Fox, Esq.
The issue was one that comes up frequently -- so called "me too" evidence about discrimination occurring to employees other than the particular plaintiff. If such evidence is admissible it is a boon for plaintiffs; exclusion is a winner for employers.
The question whether evidence of discrimination by other supervisors is relevant in an individual ADEA case is fact based and depends on many factors, including how ?????? closely related the evidence is to the plaintiff?s circumstances and theory of the case. Applying Rule 403 to determine if evidence is prejudicial also requires a fact-intensive, context-specific inquiry. Because Rules 401 and 403 do not make such evidence per se admissible or per se inadmissible, and because the inquiry required by those Rules is within the province of the District Court in the first instance, we vacate the judgment of the Court ofAppeals and remand the case with instructions to have the District Court clarify the basis for its evidentiary ruling under the applicable Rules.Sprint United Management Co. v. Mendelsohn (S.Ct 2/26/08) [pdf].
In other words -- the equivalent of a judicial mulligan.
Spinning it (irony intended) another way, although it will depend on the particular judge, for those appearing in front of judges who are concerned about trials spilling out of control, which includes most federal judges, the fact that the Supreme Court today emphasized the discretionary nature of the ruling should favor employers.
Full post as published by Jottings By An Employer's Lawyer on February 26, 2008 (boomark / email).

Professor Twining wins Evidence Award
PBI and PBA presentation on Evidence Advocacy
The Top Ten Federal Rules of Evidence, Part 2









