"Protecting the Defendant: Challenging 'Other Acts' Evidence in Product Liability Cases," LJN's Prod. Liab. L. & Strategy, at 1, (June 2000).
Plaintiffs sometimes argue that "other acts" evidence is being offered only to prove motive, preparation, plan, intent or opportunity - all appropriate uses under Rule 404(b). This article discusses a number of arguments, using Rule 405, 404, and 403, that a defendant in a product liability lawsuit should consider in response to this situation.