Motions in Limine

News & Analysis as of

“After” What? Subsequent Remedial Measures Excluded In Zimmer Evidentiary Win

Last weekend, we celebrated Mother’s Day. As we contemplated the text message and the Tufts University mug we received from the Drug and Device Rock Climber, it occurred to us that we could hardly remember a time before that...more

Fairchild v. Power Integrations: Because of Right to Appeal, District Court Precludes Reference to Pending Reexamination...

Fairchild Semiconductor Corp. and Fairchild (Taiwan) Corp.'s (collectively, "Fairchild") moved in limine to preclude any reference to any pending reexamination proceeding or any completed reexamination proceeding of any...more

IP Newsflash - May 2015 #2

SUPREME COURT CASES - U.S. Supreme Court Remands Case to Federal Circuit to Review Patent Under Teva - On April 20, 2015, the U.S. Supreme Court remanded a case back to the U.S. Court of Appeal for the Federal...more

Texas Court Talks Insurance And Actual Cash Value

When an insured suffers a property loss, the insurance policy defines the parameters of recovery. Typically, a property insurance policy’s default valuation provision for a property loss is the actual cash value of the...more

District Court Denies Motion in Limine Seeking to Preclude Advice of Counsel Defense Even Though Plaintiff Was not Able to Obtain...

The Plaintiff filed a motion in limine seeking the district court to preclude the Defendant from offering at trial any testimony regarding the Defendant's opinion of counsel defense that was not disclosed during discovery. As...more

Forgetting Rule 403

A recent case out of Montana, Peterson-Tuell v. First Student Transp., LLC, 339 P.3d 16 (Mont. Nov. 15, 2014), highlights the import of a Rule 403 challenge and of making your challenges and objections as comprehensive and...more

Should You Make an In Limine Motion?

The next time you’re deciding between excluding evidence via a motion in limine or taking your chances at trial, make sure to review this chart of the pros and cons of motions in limine....more

Judge Decides Motions In Limine In Nonpracticing Entity Case.

1. Defendant may not refer to plaintiff as a “patent troll” or reference “woodshedding.” It may however present evidence that plaintiff does not practice the patents-in-suit since that is relevant to damages....more

Motions In Limine, Contemporaneous Objections, and the Need to Adequately Preserve the Record

You have filed your motions in limine and obtained rulings prior to trial. You put the motions in a box in the back of the courtroom and figure all of your objections have been preserved. Wrong! It is always a good...more

Pre-Trial Problems: Summary Judgment & Evidentiary Rulings

The Fifth Circuit’s decision in Blessey v. Marine Services, Inc., --- F.3d ---, 2014 WL 5837059 (5th Cir. Nov. 10, 2014), highlights two different ways that adverse pretrial rulings can wind up unreviewable. ...more

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

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

26 Results
|
View per page
Page: of 2

All the intelligence you need, in one easy email:

Great! Your first step to building an email digest of JD Supra authors and topics. Log in with LinkedIn so we can start sending your digest...

Sign up for your custom alerts now, using LinkedIn ›

* With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name.
×