Campmor, Inc. v. Brulant, LLC

Reply Brief in Support of Campmor's Motion in Limine to Exclude Evidence Concerning Service of the Complaint at Trial

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From the preliminary statement:

"For all its bluster, Rosetta’s opposition to Campmor’s motion in limine falls unsurprisingly short on substance – and never comes close to demonstrating why the jury in this complex technological and commercial case should be burdened with, and arguably prejudiced by, a distracting detour into the niceties of civil procedure concerning the filing and serving of a complaint.

"By all indications Rosetta would very much like to find some way to “balance” the record of misrepresentations and bad faith on its part that will be presented to the jury in this case – after all, it has sought via its own motions in limine to find every possible way to rationalize preventing the jury from hearing about its actions, which are at the core of Campmor’s claims, at all. So on this motion Rosetta has devoted pages of its brief recounting the mean content of emails sent by Campmor’s CEO to Rosetta as its promises and performance unraveled, along with Campmor’s e-commerce website. Irrelevant as it is, even on its terms Rosetta’s offering is hardly a smoking gun proving sharp practice, much less misrepresentation, by Campmor. The emails do evince frustration, dissatisfaction and disappointment. Perhaps Rosetta will proffer them in their own right, notwithstanding that they constitute damning

evidence against Rosetta, as proof of something relevant to the issues being tried. But abuse of the litigation process is not being tried. Nor has Rosetta come forward with any affirmative and false representation by Campmor concerning the initiation of litigation."

The court ruled in Campmor's favor.

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Published In: Business Torts Updates, Civil Procedure Updates, General Business Updates, Electronic Discovery Updates, Science, Computers & Technology Updates

Reference Info:Legal Memoranda: Pre-Trial Motions | Federal, 3rd Circuit, New Jersey | United States

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Ronald Coleman, Goetz Fitzpatrick LLP | Attorney Advertising

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