Rivera et al v. Greffin et al

Filing 276

OPINION and Order Signed by the Honorable William T. Hart on 6/3/2016. (See Order for Details.)Mailed notice(lxs, )

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION

DANIEL RIVERA, STEPHEN
KENSINGER, DEBORAH JOY
MEACOCK, and REBECCA
SCHEUNEMAN,
Plaintiffs,
v.
ALLSTATE INSURANCE COMPANY,
Defendant.

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No. 10 C 1733

OPINION AND ORDER
Defendant Allstate has moved for a ruling in limine barring hearsay
comments and rumors concerning plaintiffs' reputations.
While it is correct that hearsay comments of rumors are subject to
objection, Federal Rule of Evidence 803(21) provides a hearsay exception for
evidence of character reputation. It states that "The following are not excluded by
the rule against hearsay . . . : (21) Reputation Concerning Character. A
reputation among a person's associates or in the community concerning the
person’s character." Plaintiffs' reputations both before and after the alleged
defamatory statements are clearly relevant to prove possible defamation and
damages.

Federal Rule of Evidence 405 provides guidance concerning the methods
of proving character.
(a) By Reputation or Opinion. When evidence of a person's
character or character trait is admissible, it may be proved by
testimony about the person’s reputation or by testimony in the
form of an opinion. On cross-examination of the character
witness, the court may allow an inquiry into relevant specific
instances of the person's conduct.

Accordingly, to the extent that anticipated testimony of witness Kathy
Graham is offered as an opinion of reputation based upon testimony that she has
knowledge of a plaintiff's reputation among associates or in the community, the
motion is denied.
IT IS THEREFORE ORDERED that defendant's motion to bar hearsay
comments and rumors regarding plaintiffs' reputations [206] is granted in part and
denied in part.

ENTER:

UNITED STATES DISTRICT JUDGE

DATED: JUNE 3, 2016

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