A subsequent remedial measure is not admissible to prove negligence, culpable conduct, a defect in the product or its design, or a need for warning or instruction.

United States v. McHorse, 179 F.3d 889, 898-899 (10th Cir. 1999) (upholding trial court's admission of accused's prior acts where "the government had established [accused's] prior acts with evidence sufficient to support a finding by a preponderance that [accused] had in fact committed...A trial court can exclude evidence of another instance or instances of child molestation in a criminal trial for child molestation or child sex abuse if the trial court finds that the harm or potential harm of such evidence of another instance or instances of child molestation or sex abuse substantially outweighs the probative value of the evidence. A trial court has this power even if the evidence of another instance or instances of child molestation or child sex abuse is made presumptively admissible by a rule such as Federal Rule of Evidence 414.

Cf. United States v. Norman, 415 F.3d 466, 473-474 (5th Cir. 2005) (affirming defendant Scott's conviction because the trial court properly disallowed defendant to cross-examine testifying DEA agents using a Justice Department....If a treatise, periodical, or similar literature is shown to be reliable and authoritative on a topic, under some circumstances a statement in such literature about the topic falls within an exception to the prohibition against the admission of hearsay evidence.

Abuan v. Level 3 Communications, Inc., 353 F.3d 1158, 1171 (10th Cir. 2003) (holding, in plaintiff employee's employment discrimination action against defendant employer, that the trial court properly admitted testimony of witness on....A statement is imputed to a principal or to an employer and is treated as the principal's or employer's vicarious admission (which, like other admissions is exempt from the hearsay rule) if the principal or employer is a party, the statement is offered against the principal or party, the statement is a statement by the party's agent or employee about a matter within the scope of the agent's agency or the employee's employment, and the statement is made during the principal-agent or employer-employee relationship.