In an article published by Law360 on Dec. 9, 2016, Gregg Jacobson offers guidance to businesses undergoing civil construction cases that may be able to use the Federal Rule of Evidence 404(b) in their favor. The article details the civil application of the Rule and explains how the “doctrine of chances” can be useful. Jacobson emphasizes that “Rule 404(b), at its heart, prevents evidence of a person’s character from being admitted at trial to prove that the person acted in accordance with that character or trait.” He goes on to discuss the doctrine of chances, stating, “Courts allow evidence under Rule 404(b) exceptions other than those listed in the statute. Yet in few cases do courts mention any attempt to use other exceptions, such as the doctrine of chances.” For the full article, subscribers may click here.
- News & Analysis