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http://ssrn.com/abstract=1022606
 
 

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A Proposal to Amend Rule 407 of the Federal Rules of Evidence to Conform With the Underlying Relevancy Rationale for the Rule in Negligence and Strict Liability Actions


Ralph Ruebner


The John Marshall Law School

Eugene Goryunov


Kirkland & Ellis LLP; The John Marshall Law School


Seton Hall Circuit Review, Vol. 6, No. 2, 2006-2007

Abstract:     
The current version of FRE 407 prevents the use of evidence of remedial measures taken after an event that caused an injury or harm in order to prove negligence, culpable conduct, or strict product liability. Our proposal is that the language of Rule 407 be amended to preclude the admissibility of remedial measures which are taken both before and after an injury. This change will implement the relevancy rationale for the rule.

Number of Pages in PDF File: 25

JEL Classification: K19

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Date posted: October 22, 2007  

Suggested Citation

Ruebner, Ralph and Goryunov, Eugene, A Proposal to Amend Rule 407 of the Federal Rules of Evidence to Conform With the Underlying Relevancy Rationale for the Rule in Negligence and Strict Liability Actions. Seton Hall Circuit Review, Vol. 6, No. 2, 2006-2007. Available at SSRN: http://ssrn.com/abstract=1022606

Contact Information

Ralph Ruebner (Contact Author)
The John Marshall Law School ( email )
315 South Plymouth Court
Chicago, IL 60604
United States
Eugene Goryunov
Kirkland & Ellis LLP ( email )
Aon Center
200 East Randolph Drive
Chicago, IL 60601-6636
United States
The John Marshall Law School ( email )
315 South Plymouth Court
Chicago, IL 60604
United States
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