Motions in Limine

News & Analysis as of

8 tips from an appellate attorney for managing litigation

Key to any successful appeal is, of course, preserving errors and making a complete and accurate record. However, sometimes things get missed in the high-pressure back-and-forth of trial. Below are some tips for inside...more

Motions In Limine, Contemporaneous Objections, And The Need To Adequately Preserve The Record

Does your motion in limine sufficiently preserve your objection to the introduction of evidence at trial, or do you need to be on your toes to make a contemporaneous objection at trial? A recent Illinois decision illustrates...more

Oklahoma Court Excludes Evidence of Loss Reserves

Asap v. Starnet Ins. Co., No. CIV-12-461-D, 2014 U.S. Dist. LEXIS 128609 (W.D. Okla. Sept. 15, 2014) is a decision involving multiple motions in limine in connection with a trial of a breach of contract claim brought against...more

Be Ready to Oppose Motions in Limine

In limine motions are a great litigation tool—they get evidence admitted or excluded before it’s even offered. You’ve probably been advised to use them whenever appropriate. But opposing counsel also will have received this...more

Treating Physician Testimony May Establish Reasonable Value of Medical Bills

Joaquin Ochoa, et al. v. Jesus Felipe Dorado, et al. - Court of Appeal, Second Appellate District, Division Three (Shasta) (July 22, 2014) - Joaquin Ochoa and Imelda Moreno (“Plaintiffs”) were traveling in a...more

Motions in Limine May be Used in Eminent Domain Proceedings to Determine Party's Interest in Property

"Motions in limine" are motions made shortly before trial, and they're typically filed in an attempt to limit the introduction of evidence to the jury. They are a powerful tool in eminent domain proceedings, and can be used...more

Fast Five: Rhode Island Appellate Practice - February 2014

TRIAL COURTS MAY NOT CIRCUMVENT SUPREME COURT’S EXCLUSIVE JURISDICTION TO ENLARGE TIME FOR APPEAL. In an order this term, the Rhode Island Supreme Court held that the Family Court exceeded its authority when it vacated...more

Tools of the Trade: BP Case Shows Advantage of Pretrial Motions

In Brief - A recent defense victory related to the BP oil spill exemplifies the smart use of a pre-trial motion in limine. - Trial counsel should use motions in limine to exclude irrelevant and inflammatory...more

Bulletproofing A Billion-Dollar Verdict: In A Case Of High Intrigue, DuPont Tries To Defend Its Kevlar Trade Secrets Win On Appeal

Double agents. Bribery. Top-secret industrial facilities. Code words. An undercover FBI operation, complete with a wire. The DuPont v. Kolon Industries trade secrets trial had all the elements of a spy novel...more

Campmor, Inc. v. Brulant, LLC

Opinion Denying Daubert Motion in Limine to Exclude SEO Expert at Trial

Defendant Brulant moves in limine to preclude the testimony of Brian Cooper, Plaintiff Campmor’s expert witness on search engine optimization (“SEO”). The Court held a Daubert hearing on April 10, 2013. The motion is denied....more

Motions In Limine: Uses, Abuses, And Pitfalls

Motions in limine (“on or at the threshold” or “in the beginning”) are often a trial lawyer’s best friend and “can be a potent weapon when used properly and at the appropriate stage of litigation.” David Paul Horowitz, In the...more

Eminent Domain Opinions Focus On 'Just Compensation'

Originally Published in Daily Journal, January 4, 2013 It has been quite a busy year for takings cases, and the state Court of Appeal provided one last published eminent domain opinion just before 2012 came to a close....more

The Cross-Fire Continues Over the Judge's Role in Limiting Appraisal Opinions in Eminent Domain Cases

It has been quite a busy year for takings cases. While our readers can soon expect our annual "Year in Review E-Alert," the California Court of Appeal decided to grace us with one more published eminent domain opinion just...more

To Renew Or Not To Renew: Preserving Objections To Evidentiary Rulings

Under Florida’s Evidence Code, “[i]f a court has made a definitive ruling on the record admitting or excluding evidence, either at or before trial, a party need not renew an objection or make an offer of proof to preserve a...more

Getting metadata admitted at trial: the Imwinkelried factors

The standards for admitting metadata have yet to be codified. If you are trying to get metadata admitted, you should develop the following factors articulated by Edward Edward J. Imwinkelried, a UC Davis law professor and...more

A Motion in Limine Strikes Again

A couple of weeks ago, the California Court of Appeal issued a decision that discussed an attorney malpractice lawsuit known as a “settle and sue” case, where the client settles whatever litigation in which they are...more

adverse possession

Motion in limine - adverse possession

This document was adapted to exclude testimony of an owner whose deed purported to cover an area of land that had been adversely possessed prior to the owner's purchase. It is likely that a lawyer seeking to move the court...more

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