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Preface To The Third Edition By The General Editor. Preface To The New Wigmore: A Treatise On Evidence: Selected Rules Of Limited Admissibility, Richard D. Friedman Jan 2019

Preface To The Third Edition By The General Editor. Preface To The New Wigmore: A Treatise On Evidence: Selected Rules Of Limited Admissibility, Richard D. Friedman

Other Publications

As General Editor of this treatise, my principal job is to recruit an excellent team of authors; no one in the modern day could hope to replicate John Henry Wigmore's one-man show. David Leonard, not only a superb scholar but also an exemplary person through and through, was one of the first people I asked, and to my delight he joined the project. He tackled his assignment with great ability and broad vision--and also graciousness in dealing with a slew of editorial comments from me. With a degree of efficiency and industry that can perhaps best be described in this …


How Evidence Of Subsequent Remedial Measures Matters, Bernard Chao, Kylie Santos Jan 2019

How Evidence Of Subsequent Remedial Measures Matters, Bernard Chao, Kylie Santos

Sturm College of Law: Faculty Scholarship

Federal Rule of Evidence 407 prohibits plaintiffs from introducing evidence of subsequent remedial measures to show that the defendant is to blame. Among its purported justifications, the rule prevents hindsight bias from unduly influencing jury decisions. Nonetheless, plaintiffs often take advantage of the rule’s numerous exceptions to introduce evidence of remedial measures for other purposes (e.g. to prove feasibility). Fearing that the exceptions could swallow the rule, some courts will even exclude evidence that fits into one of these exceptions because it is ostensibly too prejudicial. Alternatively, other courts instruct juries that they should only use the evidence for the …