When a child seeks permission for a summertime ice cream, she often points to other similarly-situated children enjoying the sweet treat to strengthen her argument that her request should be granted. This childhood instinct is spot on: evidence appears stronger when multiple parties have engaged in the same behavior or encountered the same harm. Indeed, our legal system supports the efficient joining of claims to marshal shared evidence and address common questions. However, the right to introduce other similar evidence is not limitless in all circumstances. A party that seeks to offer other similar incident evidence must show that the other accident or harm was “substantially” similar to that suffered under the present facts. In Adams v. Toyota Motor Corp., No. 15-2507, 2017 WL 2485204, at *4 (8th Cir. June 9, 2017), the Eighth Circuit affirmed the admission of evidence of “substantial” similarity during a jury trial. Defendants facing claims that
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Last month, Chief Judge Waverly Crenshaw of the United States District Court for the Middle District of Tennessee largely denied Whole Foods’ motion to dismiss a complaint alleging negligence, negligent supervision, product liability, misbranding of food for consumption, and breach of express warranty. See Jones v. WFM-Wo, Inc., 17-cv-00749 (M.D. Tenn.Read the full article →
When I last posted about nanomaterials—in connection with the Environmental Protection Agency’s March 19, 2015 response to a petition for rulemaking on nanosilver—I predicted that more “nano-disputes” would soon make their way into court. Sure enough, the Ninth Circuit recently revoked the EPA’s conditional registration of the second registered nanosilver-basedRead the full article →
Derek Boogaard, the Boogeyman to some, played for the Minnesota Wild and New York Rangers during his six-year career in the National Hockey League. Known as one of the game’s fiercest fighters, Boogaard racked up 589 penalty minutes in 277 career games. He died on May 13, 2011, at age 28,Read the full article →
Just in time for the July bar exam, the Supreme Court of the United States issued a decision that substantially impacts specific personal jurisdiction—a fundamental concept that all law students encounter in their first-year Civil Procedure course.[1] See Bristol-Myers Squibb Co. v. Superior Court of Cal., San Francisco Cty., 582 U.S.Read the full article →
