Beverly Hogan, Appellant, v. Am. Tel. & Tel. Co., Appellee, 812 F.2d 409 (8th Cir. 1987). · Go Syfert
Beverly Hogan, Appellant, v. Am. Tel. & Tel. Co., Appellee, 812 F.2d 409 (8th Cir. 1987). Cases Citing This Book View Copy Cite
78 citation events (30 in the last 25 years) across 21 distinct courts.
Strongest positive: Dottie Anderson v. Bobby May, Individually and in His Official Capacity as Sheriff of St. Francis County (ared, 2025-12-02)
Treatment trajectory · 1987 → 2026 · click a year to view as-of
1987 2006 2026
Top citers, strongest first. 42 distinct citers. How cited ↗
cited Cited as authority (rule) Dottie Anderson v. Bobby May, Individually and in His Official Capacity as Sheriff of St. Francis County
E.D. Ark. · 2025 · confidence medium
Hogan v. American Telephone & Telegraph Co., 812 F.2d 409, 411 (8th Cir. 1987).
discussed Cited as authority (rule) O'Hara v. Lott (2×) also: Cited "see"
E.D. Mo. · 2025 · confidence medium
“A trial court may . . . exclude opinion testimony if it is so couched in legal conclusions that it supplies the fact finder with no information other than what the witness believes the verdict should be.” Williams v. Wal-Mart Stores, Inc., 922 F.2d 1357, 1360 (8th Cir. 1990) (citing Hogan v. AT&T, 812 F.2d 409, 411 (8th Cir. 1987)); Lee, 616 F.3d at 809 (“Opinions that ‘merely tell the jury what result to reach’ are not admissible.” (quoting Fed.
cited Cited as authority (rule) Kenneth Hagel v. Kevin Davenport
N.J. Super. Ct. App. Div. · 2024 · confidence medium
Co., 812 F.2d 409, 410-11 (8th Cir.1987) ("Proffered evidence of past acts of racial discrimination may be relevant to prove the defendant's intent or motive in his actions towards the plaintiff.")).
cited Cited as authority (rule) United States v. Ryan Randall Gilbertson
8th Cir. · 2020 · confidence medium
Co., 812 F.2d 409, 411 (8th Cir. 1987).
discussed Cited as authority (rule) Gerling v. Waite
E.D. Mo. · 2019 · confidence medium
See Peterson, 60 F.3d at 475 (finding the district court abused its discretion by allowing police practices expert to opine on the reasonableness of officers’ actions and that the officers did not violate the Fourth Amendment); Williams v. Wal–Mart Stores, Inc., 922 F.2d 1357, 1360 (8th Cir. 1990) (citing Hogan v. AT & T, 812 F.2d 409, 411 (8th Cir. 1987) (finding that although testimony is not objectionable merely because it embraces an ultimate issue to be decided by the trier of fact, “a trial court may, however, exclude opinion testimony if it is so couched in legal conclusions that …
cited Cited as authority (rule) Jordan v. Central Transport, LLC
W.D. Ark. · 2019 · confidence medium
Telephone & Telegraph Co., 812 F.2d 409, 411 (8th Cir. 1987).
cited Cited as authority (rule) State v. Moore
Utah Ct. App. · 2015 · confidence medium
Co., 812 F.2d 409, 411 (8th Cir.1987) (per curiam) ("Opinion testimony is not helpful to the factfinder if it is couched as a legal conclusion ....
cited Cited as authority (rule) Fernando Valadez v. Watkins Motor Lines
8th Cir. · 2014 · confidence medium
Co., 812 F.2d 409, 411 (8th Cir.1987)).
examined Cited as authority (rule) Sancom, Inc. v. Qwest Communications Corp. (3×)
D.S.D. · 2010 · confidence medium
Co., 812 F.2d 409, 411 (8th Cir.1987); see also Farmland Indus. v. Frazier-Parrott Commodities, Inc., 871 F.2d 1402, 1409 (8th Cir.1989) (“The special legal knowledge of the judge makes the witness’ testimony superfluous.”).
cited Cited as authority (rule) Amobi v. District of Columbia Department of Corrections
D.D.C. · 2009 · confidence medium
Co., 812 F.2d 409, 411-12 (8th Cir.1987) (finding that a witness cannot instruct the fact-finder on the applicable principles of law) (citations omitted); see also Weston v. Wash. Metro.
discussed Cited as authority (rule) United States v. Smith (2×)
8th Cir. · 2009 · confidence medium
Co., 812 F.2d 409, 411 (8th Cir.1987) (per curiam) (citing Marx & Co., Inc. v. Diners’ Club Inc., 550 F.2d 505, 509-10 (2d Cir.1977) (“It is not for witnesses to instruct the jury as to applicable principles of law, but for the judge....
discussed Cited as authority (rule) United States v. Christopher Smith
8th Cir. · 2009 · confidence medium
Co., 812 F.2d 409, 411 (8th Cir. 1987) (per curiam) (citing Marx & Co., Inc. v. Diners’ Club Inc., 550 F.2d 505 , 509–10 (2d Cir. 1977) (“It is not for witnesses to instruct the jury as to applicable principles of law, but for the judge. . . .
cited Cited as authority (rule) Roemmich v. Eagle Eye Development, LLC
D.N.D. · 2009 · confidence medium
Co., 812 F.2d 409, 411 (8th Cir.1987) (citing Fed.R.Evid. 701; Bohannon v. Pegelow, 652 F.2d 729, 732 (7th Cir.1981)).
cited Cited as authority (rule) New York Ex Rel. Spitzer v. Saint Francis Hospital
S.D.N.Y. · 2000 · confidence medium
Co., 812 F.2d 409, 411 (8th Cir.1987).
cited Cited as authority (rule) Lewis v. Sentara Alternative
4th Cir. · 1998 · confidence medium
Co., 812 F.2d 409, 410-411 (8th Cir. 1987).
discussed Cited as authority (rule) Johnny F. Harris v. Allen King (2×) also: Cited "see"
8th Cir. · 1997 · confidence medium
Co., 812 F.2d 409, 410 (8th Cir. 1987) (per curiam).
discussed Cited as authority (rule) Johnny F. Harris v. Allen King, Jail Administrator Craighead County (2×) also: Cited "see"
8th Cir. · 1997 · confidence medium
Co., 812 F.2d 409, 410 (8th Cir.1987) (per curiam).
discussed Cited as authority (rule) United Way of San Antonio, Inc. v. Helping Hands Lifeline Foundation, Inc. (2×)
Tex. App. · 1997 · confidence medium
Co., 812 F.2d 409, 411-12 (8th Cir.1987) (opinion not helpful when it tells what result to reach). .
cited Cited as authority (rule) James Harold Peterson Paula Peterson v. City of Plymouth Michael Ridgley David Lindman Mark Bevins
8th Cir. · 1995 · confidence medium
Co., 812 F.2d 409, 410 (8th Cir.1987) (per curiam).
cited Cited as authority (rule) Timothy Johnson v. Co-I Hodge Bill Armontrout -Sydow, Housing Unit Manager Michael Dixon
8th Cir. · 1995 · confidence medium
Co., 812 F.2d 409, 410 (8th Cir. 1987) (per curiam) (standard of review).
cited Cited as authority (rule) Schweitzer-Reschke v. Avnet, Inc.
D. Kan. · 1995 · confidence medium
Co., 812 F.2d 409, 410-11 (8th Cir.1987); Miller v. Poretsky, 595 F.2d 780 , 784-85 *533 (D.C.Cir.1978); Dosier v. Miami Valley Broadcasting, 656 F.2d 1295 , 1300 (9th Cir.1981)).
cited Cited as authority (rule) Banghart v. Origoverken
8th Cir. · 1995 · confidence medium
Co., 812 F.2d 409, 410 (8th Cir.1987) (per curiam); Smith v. Firestone Tire & Rubber Co., 755 F.2d 129, 134 (8th Cir.1985).
cited Cited as authority (rule) Banghart v. Origoverken, A.B.
8th Cir. · 1995 · confidence medium
Co., 812 F.2d 409, 410 (8th Cir.1987) (per curiam); Smith v. Firestone Tire & Rubber Co., 755 F.2d 129, 134 (8th Cir.1985).
discussed Cited as authority (rule) United States v. Newman
1st Cir. · 1995 · confidence medium
See, e.g., United States v. Espino, 32 F.3d 253, 257 (7th Cir.1994); Hogan v. American Telephone & Telegraph Co., 812 F.2d 409, 411-12 (8th Cir.1987); Fed.R.Evid. 704 advisory committee’s notes. 8 However, Newman failed to object to the first two statements, and, absent any objections, the district court had little reason to exclude the statements on its own accord.
cited Cited as authority (rule) Margaret Crane v. Crest Tankers, Inc.
8th Cir. · 1995 · confidence medium
Hogan v. American Telephone & Telegraph Co., 812 F.2d 409, 410 (8th Cir.1987), citing, Smith v. Firestone Tire & Rubber Co., 755 F.2d 129, 134 (8th Cir.1985).
discussed Cited as authority (rule) 40 Fed. R. Evid. Serv. 965, prod.liab.rep. (Cch) P 14,079 Randy C. McKnight a Minor, by and Through His Next Friend, Dessie Ludwig v. Johnson Controls, Inc.
8th Cir. · 1994 · confidence medium
See, e.g., id.; Johnson Group, Inc. v. Beecham, Inc., 952 F.2d 1005, 1007 (8th Cir.1991); Williams v. Wal-Mart Stores, Inc., 922 F.2d 1357, 1360 (8th Cir.1990); Kostelecky, 837 F.2d at 830 ; Hogan v. American Telephone & Telegraph Co., 812 F.2d 409, 411 (8th Cir.1987); Strong v. E.I.
discussed Cited as authority (rule) McKnight ex rel. Ludwig v. Johnson Controls, Inc.
8th Cir. · 1994 · confidence medium
See, e.g., id.; Johnson Group, Inc. v. Beecham, Inc., 952 F.2d 1005, 1007 (8th Cir.1991); Williams v. Wal-Mart Stores, Inc., 922 F.2d 1357, 1360 (8th Cir.1990); Kostelecky, 837 F.2d at 830 ; Hogan v. American Telephone & Telegraph Co., 812 F.2d 409, 411 (8th Cir.1987); Strong v. E.I.
discussed Cited as authority (rule) Harry Roland Harvey, Sr. v. Wal-Mart Stores, Inc. (2×)
8th Cir. · 1994 · confidence medium
Co., 812 F.2d 409, 410 (8th Cir.1987) (standard of review).
discussed Cited as authority (rule) Patrick G. McALINNEY, Appellant, v. MARION MERRELL DOW, INC., Appellee
8th Cir. · 1993 · confidence medium
We have also held that “[rjelevant evidence máy nevertheless be excluded if its probative value is substantially outweighed by a danger of confusion of the issues or of undue delay.” Hogan v. American Telephone & Telegraph Co., 812 F.2d 409, 411 (8th Cir.1987); see Fed.R.Evid. 403.
cited Cited as authority (rule) Allstate Insurance Company v. Leona B. Johnson
8th Cir. · 1993 · confidence medium
Co., 812 F.2d 409, 410 (8th Cir. 1987) (per curiam).
examined Cited as authority (rule) Edward Gene Williams v. Wal-Mart Stores, Inc. (4×)
8th Cir. · 1991 · confidence medium
Hogan v. AT & T, 812 F.2d 409, 411 (8th Cir.1987) (Hogan). “ ‘[Djoubts about whether an expert’s testimony will be useful should generally be resolved in favor of admissibility.’ ” Larabee v. MM & L Int’l Corp., 896 F.2d 1112 , 1116 n. 6 (8th Cir.1990) (quoting J.
cited Cited as authority (rule) United States Environmental Protection Agency v. City of Green Forest
8th Cir. · 1990 · confidence medium
Co., 812 F.2d 409, 410 (8th Cir.1987).
cited Cited as authority (rule) United States v. Ladonna Kay Oliver
8th Cir. · 1990 · confidence medium
Co., 812 F.2d 409, 411 (8th Cir.1987) (Rule 701).
cited Cited as authority (rule) Dennis Hurst and Joyce Hurst v. United States of America and Don Hight
8th Cir. · 1989 · confidence medium
Co., 812 F.2d 409, 411 (8th Cir.1987) (per curiam); Fed.R.Evid. 701.
discussed Cited as authority (rule) Robert L. Kostelecky and Linda Kostelecky v. Nl Acme Tool/nl Industries, Inc., A/K/A Nl Industries, Inc., a Foreign Corporation (2×) also: Cited "see"
8th Cir. · 1988 · confidence medium
See Fed.R.Evid. 103(a); Hogan , at 410.
cited Cited as authority (rule) Julia A. STRONG, Appellant, v. MERCANTILE TRUST COMPANY, N.A., Appellee
8th Cir. · 1987 · confidence medium
Co., 812 F.2d 409, 410 (8th Cir.1987) (per curiam) (even with a clear showing of abuse, the error must have affected the parties’ substantial rights to warrant reversing the district court).
cited Cited "see" United States v. William Rea, Getty Terminals Corp., and John Pabone, Getty Terminals Corp., William Rea, John Pabone, and John Quock
2d Cir. · 1992 · signal: see · confidence high
See generally Hogan v. American Telephone & Telegraph Co., 812 F.2d 409, 411 (8th Cir.1987); Fed.R.Evid. 704 Advisory Committee Note on 1972 Proposed Rules.
discussed Cited "see" Ruben Estes v. Dick Smith Ford, Inc. (2×)
8th Cir. · 1988 · signal: see · confidence high
See Hogan v. American Telephone & Telegraph Co., 812 F.2d 409, 410-11 (8th Cir.1987).
discussed Cited "see, e.g." State v. Johnson, Unpublished Decision (12-17-2002)
Ohio Ct. App. · 2002 · signal: see also · confidence low
See, also, Hogan v. American Telephone Telegraph (C.A.8, 1987), 812 F.2d 409 , 411 ("Opinion testimony is not helpful to the factfinder if it is couched as a legal conclusion," and the requirement of "helpfulness" under Evid.R. 701 "assures against admitting opinions which would in essence tell the factfinder what result to reach"); Bensen v. American Ultramar Ltd.
discussed Cited "see, e.g." Cavuoti v. New Jersey Transit Corp. (2×)
N.J. · 1999 · signal: see, e.g. · confidence medium
See, e.g., Hogan v. American Telephone & Telegraph Co., 812 F. 2d 409, 410-11 (8th Cir.1987).
cited Cited "see, e.g." United States v. James Harvey Dow
6th Cir. · 1989 · signal: see also · confidence medium
See also Hogan v. American Telephone and Telegraph Co., 812 F.2d 409, 411-12 (8th Cir.1987); Torres v. County of Oakland, 758 F.2d 147, 150-51 (6th Cir.1985).
Retrieving the full opinion text from the archive…
43 Fair empl.prac.cas. 210, 42 Empl. Prac. Dec. P 36,946, 22 Fed. R. Evid. Serv. 830 Beverly Hogan
v.
American Telephone & Telegraph Company
86-1695.
Court of Appeals for the Eighth Circuit.
Feb 23, 1987.
812 F.2d 409
1987 U.S. App. LEXIS 2402
Lloyd Koelker, Kansas City, Mo., for appellant., Jonathan R. Haden, Kansas City, Mo., for appellee.
Heaney, Wollman, Magill.
Cited by 58 opinions  |  Published
PER CURIAM.

Beverly Hogan appeals from a district court [1] judgment in favor of American Telephone and Telegraph Company (AT & T) and from the order denying her motion for a new trial. We affirm.

I. BACKGROUND

Hogan has been an employee of AT & T since 1966. She received various promotions, the last occurring in 1980 when she was promoted to a managerial accounting supervisor position. In April 1983, she was denied a salary increase, and she was thereafter demoted around July 1, 1983. Hogan claims she was demoted because of her race (black) and sex (female); AT & T claims she was demoted because of her inferior job performance.

Hogan filed suit against AT & T on January 1, 1984, alleging disparate treatment and retaliatory actions after she filed a complaint with the Equal Employment Opportunity Commission. Two counts under 42 U.S.C. § 1981 (1982) were tried to a jury, and two counts under 42 U.S.C. §§ 2000e-2000e-17 (1982) (Title VII) were tried to the court. The jury verdict was in favor of AT & T, and judgment on all four counts was entered for AT & T.

The issues on appeal concern evidentiary rulings made by the district court, and Hogan prays for a new trial on these grounds.

II. ANALYSIS

The standard of review on questions concerning the admissibility of evidence is whether the trial court abused its discretion. Smith v. Firestone Tire & Rubber Co., 755 F.2d 129, 134 (8th Cir.1985). Even with a clear showing of abuse, the error must have affected the substantial rights of the parties to warrant reversal of the district court. K-B Trucking Co. v. Riss Int’l Corp., 763 F.2d 1148, 1156 (10th Cir.1985). See 28 U.S.C. § 2111 (1982); Fed.R.Evid. 103(a); Fed.R.Civ.P. 61.

A. Appellant’s Proffered Testimony of Prior Acts to Show Intent

Hogan proposed to call two witnesses to testify that an AT & T supervisor had a hostile and belligerent relationship with black employees and had previously made an unsubstantiated claim concerning one black woman employee’s allegedly poor performance. The substance of this evidence was made known to the court by Hogan’s offer of proof. The district court ruled that the evidence was inadmissible.

In denying Hogan’s motion for a new trial, the district court ruled that the probative value of the evidence was outweighed by its likelihood to confuse the issues and to unduly delay the trial. The court noted that the evidence would have caused an investigation into an unrelated claim and that the trial already had been unduly long.

Although evidence of a person’s prior acts is inadmissible to prove character and that the person acted in conformity therewith, the evidence is admissible to prove motive and intent. Fed.R.Evid. 404(b). Proof of discriminatory intent is critical in disparate treatment cases. Easley v. Anheuser-Busch, Inc., 758 F.2d 251, 255 n. 6 (8th Cir.1985) (citing International Bhd. of Teamsters v. United States, 431 U.S. 324, 335-36 n. 15, 97 S.Ct. 1843, 1854-55 n. 15, 52 L.Ed.2d 396 (1977)). Proffered evidence of past acts of racial discrimination may be relevant to prove the defendant’s intent or motive in his actions towards the plaintiff. Jay Edwards, Inc. v. New England Toyota Distributor, Inc., 708 F.2d 814, 824 (1st Cir.), cert. denied, 464 U.S. 894, 104 S.Ct. 241, 78 L.Ed.2d 231 (1983); Morris v. Washington Metro. Area Transit Authority, 702 F.2d 1037, 1045 (D.C.Cir.1983) (prior acts of employer have bearing on whether improper motive was but for cause of retaliatory discharge); Miller v. Poretsky, 595 F.2d 780, 784 (D.C.Cir.1978) (prior acts of landlord towards other black tenants have[*411] bearing on whether he discriminated against plaintiff, also a black tenant).

Relevant evidence may nevertheless be excluded if its probative value is substantially outweighed by a danger of confusion of the issues or of undue delay. Fed. R.Evid. 403. [2] This was the basis for the district court’s ruling not to admit the evidence and the order denying Hogan’s motion for a new trial. Although we question whether Hogan’s evidence posed an unwarranted risk of investigation into collateral issues when AT & T, as discussed infra, was permitted to introduce opinion testimony that certain other employees had not observed discriminatory acts by AT & T supervisors, we conclude that Hogan’s substantial rights were not affected.

The facts surrounding the other past incident were sufficiently different that the admission of the prior act would not have led to an affirmative finding that Hogan was discriminated against. Furthermore, one past incident alone is insufficient to establish racial animus. Miller, 595 F.2d at 785 (possibility of other factors would reduce or vitiate impact of one incident). Consequently, the exclusion of the proffered evidence, even if erroneous, did not affect Hogan’s substantial rights, and reversal on this ground is not warranted. A fortiori, the district court’s denial of the motion for a new trial did not constitute an abuse of discretion.

B. Appellee’s Use of Opinion Testimony

At trial, AT & T asked some witnesses whether they had observed any discriminatory acts by AT & T supervisors. AT & T also asked some supervisors whether they had intended to discriminate. Hogan objected to these questions on the ground that they called for legal conclusions. [3] The court overruled the objections.

A lay witness may give his opinion only if it is based on his perception and is helpful either in understanding his testimony or in determining factual issues. Fed.R.Evid. 701. Furthermore, the opinion testimony is to be weighed against the concerns enumerated in Fed.R.Evid. 403. Bohannon v. Pegelow, 652 F.2d 729, 732 (7th Cir.1981). All of these considerations are matters peculiarly appropriate for the district court, exercising its discretion, to rule upon. Id.; Trotter v. Todd, 719 F.2d 346, 349 (10th Cir.1983) (qualification of lay witness to give opinion testimony within court’s discretion). Opinion testimony that is admissible under these guidelines does not become inadmissible because it addresses an ultimate issue in the case. Fed.R.Evid. 704; Owen v. Kerr-McGee Corp., 698 F.2d 236, 239 (5th Cir.1983). See Torres v. County of Oakland, 758 F.2d 147, 150 (6th Cir.1985) (Fed.R.Evid. 704 shifts focus from “ultimate issue” to “otherwise admissible”). Consequently, the proper analytical focus in Hogan’s appeal is whether the evidence was helpful to the factfinder.

Opinion testimony is not helpful to the factfinder if it is couched as a legal conclusion. Torres, 758 F.2d at 150. The requirement of “helpfulness” assures against admitting opinions which would in essence tell the factfinder what result to reach. Owen, 698 F.2d at 240 (question asking for legal conclusion supplies fact-finder with no information other than what witness believes verdict should be); Marx & Co. v. Diners’ Club, Inc., 550 F.2d 505, 511 n. 17 (2d Cir.), cert. denied, 434 U.S. 861, 98 S.Ct. 188, 54 L.Ed.2d 134 (1977). Because the judge and not a witness is to instruct the factfinder on the applicable principles of law, Id. at 509-10, exclusion of opinion testimony is appropriate if the terms used have a separate, distinct, and special legal meaning. Torres, 758 F.2d at[*412] 151. This is true of the term “discriminate.” Id. The task of separating questions calling for permissible factual responses from those calling for impermissible legal conclusions is not easy. Owen, 698 F.2d at 240.

Any error in overruling these objections was harmless. Although the jury may become more impressed by the opinion if the opponent is compelled to cross-examine the witness to expose his lack of familiarity with the governing legal principles, Marx & Co., 550 F.2d at 511, Hogan’s case is different. The court, at least once in response to Hogan’s objection to AT & T’s question using the word “discriminate,” stated that the witness could answer on the basis of the lay version of the term: that people are treated differently because of their race.. Hogan replied that the definition was sufficient. Hogan does not argue on appeal that this definition was erroneous as compared to the appropriate jury instructions in section 1981 race and sex discrimination suits. Consequently, the risks attendant in Marx & Co. were not present in Hogan’s trial. Furthermore, the judge, who tried the two Title VII claims, was not likely to be misled by lay witness opinion using the term “discriminate.” Cf. Id. at 510 (judge’s legal knowledge makes witness’ testimony containing legal conclusions superfluous).

III. CONCLUSION

The judgment is affirmed. AT & T’s motion for costs and attorney’s fees is denied.

1

. The Honorable Ross T. Roberts, United States District Judge for the Western District of Missouri.

2

. Exclusion under Fed.R.Evid. 403 is an extraordinary remedy and should be. used sparingly. K-B Trucking Co., 763 F.2d at 1155. Nevertheless, the district court is in a better position than we to evaluate the helpfulness of certain testimony and to make the subtle balancing required by Fed.R.Evid. 403. Bohannon v. Pegelow, 652 F.2d 729, 732 (7th Cir.1981).

3

. AT & T argues that Hogan has not properly preserved her objections because she failed to object to all of these questions. Nevertheless, the court can address the instances in which Hogan did specifically object. See Fed.R.Evid. 103(a)(1).