The Subrogation Strategist

Unless Congress moves quickly, several amendments to the Federal Rules of Civil Procedure and Evidence will take effect December 1, 2024. Below is a brief description of the amendments.

Rules of Evidence

Rule 107 is a new rule. This rule addresses illustrative aids, stating that, if such aid helps the trier of fact to understand the evidence or an argument, a party may use the aid if its utility is not substantially outweighed by the danger of, among other things, unfair prejudice. As noted under the discussion of Rule 1006, below, an illustrative aid - offered only to help the trier of ... Continue Reading

In Am. Nat’l Prop. & Cas. Co. v. Broan-Nutone, No. 5:18-CV-5250, 2020 U.S. Dist. LEXIS 203267 (W.D. Ark.), a subrogating carrier filed a product liability lawsuit alleging that a defective bathroom fan caught fire and caused property damage. Prior to trial, the defendants/manufacturers filed motions to: (i) prevent the plaintiff’s experts from testifying for allegedly spoliating evidence; and (ii) prevent the admission of the fire marshal’s report as hearsay and/or as prejudicial, confusing and/or misleading. The court denied the defendants motions, thereby allowing all of the evidence to be presented by the subrogating carrier at trial.Continue Reading