News & Analysis as of

Motions in Limine

WilmerHale

Federal Circuit Patent Watch: Prosecuting Attorney’s Knowledge of Abandonment Does Not Mean Patentee's Abandonment is Intentional

WilmerHale on

Precedential and Key Federal Circuit Opinions - 1.  FRESHUB, INC. v. AMAZON.COM, INC. [OPINION] (2022-1391, 2/26/2024) (Reyna, Taranto, and Chen) - Taranto, J. The Court affirmed the District Court’s decision 1)...more

Goldberg Segalla

Court Denies Motions in Limine Despite Finding Expert Report Disclosure Untimely

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Court: United States District Court for the District of Montana, Great Falls Division - From 1923 to 1994, Burlington Northern Santa Fe Railway Company (BNSF) transported vermiculite ore containing amphibole asbestos from a...more

Fish & Richardson

Texas Patent Litigation Monthly Wrap-Up: October 2023

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The Texas Patent Litigation Monthly Wrap-Up for October 2023 covers three decisions addressing the scope of the work-product and attorney-client privileges, limits on the use of a defendant’s use of its own patents during...more

Proskauer - Minding Your Business

Where Do We Go From Here? Practical Considerations When Multidistrict Litigation Comes to an End

When product liability actions involving one or more common issues of fact (e.g., an allegedly harmful product or chemical) are filed in multiple jurisdictions, they are typically consolidated for pretrial proceedings in a...more

Goulston & Storrs PC

Massachusetts Court Allows Dueling Expert Testimony on Differing Theories of the Timing for the Valuation of Legal Malpractice...

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The Superior Court recently ruled that a plaintiff in a legal malpractice action seeking recovery for damages resulting from his loss of corporate stock may introduce at trial expert testimony concerning the valuation of that...more

Carlton Fields

Motions in Limine: An Update on Uses, Abuses, and Pitfalls

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Motions in limine (“on or at the threshold” or “in the beginning”) can be a useful tool in a trial lawyer’s hands. Used strategically and prophylactically, they can “eliminate the noise surrounding” a trial by preventing an...more

Fox Rothschild LLP

An Expert that is Thorough, but Thoroughly Misses the Issues at Play, Gets No Say

Fox Rothschild LLP on

When a party has a second chance for its experts to make a first impression on a court, it’s best to not plan on there being a third. In Vitaform, Inc. v. Aeroflow, Inc.¸ 2023 NCBC 20A, the Business Court afforded...more

Ward and Smith, P.A.

Playing the Long Game: Preserving Issues for Appeal

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Trials happen fast. Trial counsel are rightly preoccupied with preparing to give opening statements or closing arguments, preparing to examine or cross-examine witnesses, or simply keeping track of admitted exhibits....more

Goldberg Segalla

Turbine Manufacturer’s Motion to Exclude Expert Opinion Testimony Denied

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U.S.  District Court for the Eastern District of Louisiana Decedent James Grant Gooding was employed at various shipyards in Louisiana between 1970 and 1979. On March 4, 2020, he filed suit against a variety of premises...more

Barnea Jaffa Lande & Co.

Class Actions on Accessibility of Public Companies' Reports Dismissed

About two years ago, motions to certify class actions were filed against dozens of public companies and reporting corporations in Israel, alleging violations of provisions of the Equal Rights for Persons with Disabilities...more

Akin Gump Strauss Hauer & Feld LLP

Witness Testimony Regarding Intent to Infringe Excluded Because Defendant Refused Such Discovery Based on Privilege

The U.S. District Court for the District of Colorado granted a motion in limine to preclude testimony from corporate executives about their “business understanding” regarding infringement because the defendant previously...more

Farrell Fritz, P.C.

Limits On Motions In Limine: A New Proposal To Amend Commercial Division Rule 27

Farrell Fritz, P.C. on

An increasingly commonplace procedural mechanism for narrowing evidentiary issues before a hearing begins is the motion in limine.  A new proposal proffered by the Commercial Division Advisory Council (“CDAC”), put out for...more

Winstead PC

Court Holds That Trustee Who Engaged In Self-Interested Transactions Did Not Have Standing To Challenge Guardianship Proceeding...

Winstead PC on

In In re Guardianship of Margol, a mother named her son as her power of attorney agent and as a trustee of a trust in which she was a beneficiary. No. 05-21-00255-CV, 2022 Tex. App. LEXIS 4119 (Tex. App.—Dallas June 16, 2022,...more

Goldberg Segalla

Court Grants in Part and Defends in Part Defendants’ Omnibus Motion in Limine

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United States District Court for the Eastern District of Louisiana, October 24, 2022 The plaintiffs brought this asbestos exposure case alleging decedent Callen Cortez contracted mesothelioma following extensive exposure...more

Obermayer Rebmann Maxwell & Hippel LLP

Beware the General Verdict Rule If You Want a New Trial on Damages

Suppose your pre-trial motion to exclude certain evidence was denied, and you believe that evidence improperly influenced the jury’s verdict. That is what happened to defendants in Cowher v. Kodali. Unfortunately, when they...more

Stark & Stark

Federal Court Upholds Admissibility of Diffusion Tensor Imaging Testimony

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The United States District Court for the Southern District of New York provided another victory for the admissibility of diffusion tensor imaging. Defendant moved in limine to preclude the trial testimony of four of the...more

Goldberg Segalla

Naval Expert’s Testimony Limited on Duty to Warn Issue

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United States District Court for the Eastern District of Louisiana, September 29, 2022 - The Callen Cortez (“Plaintiff”) matter has been previously reported by the Asbestos Case Tracker. At current issue is the...more

Barnea Jaffa Lande & Co.

Israeli National Labor Court Rules Investors Are Not Employers

The Israeli National Labor Court recently issued a ruling addressing a claim to “lift the corporate veil” in a dispute between two groups of shareholders in a company. The National Labor Court’s ruling did not allow the...more

Haight Brown & Bonesteel LLP

Attorney Exploitation of Motion in Limine Order Excluding Evidence and Reference to Facts Outside the Record Constituted...

In Jackson v. Park (B297616, July 27, 2021), the Second Appellate District for the Court of Appeal examined the nature and degree of attorney misconduct that could amount to a miscarriage of justice sufficient to require a...more

Haug Partners LLP

Federal Circuit Affirms Invalidity of Nanopore Sequencing Patents for Failing to Enable, and Affirms Denial of New Trial on the...

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On May 11, 2021, the Federal Circuit affirmed the District Court of Delaware’s judgment that patents belonging to Pacific Biosciences of California (“PacBio”) were invalid for lack of enablement under 35 U.S.C. § 112. A...more

Carlton Fields

Preserving Violations of Orders Granting Motions in Limine: Object Contemporaneously or Forever Hold Your Peace

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You file a motion in limine seeking to preclude certain arguments during closing. The court grants your motion. In closing argument, opposing counsel violates the ruling. Must you contemporaneously object to the argument that...more

Smith Gambrell Russell

The Importance of Error Preservation

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It breaks the heart of an appellate lawyer to read an opinion in which an appellate court notes that an error alleged on appeal was not properly preserved in the trial court. Properly preserving a claim of error is the first...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Is the Violation of a Statute Negligence Per Se?

The answer to this question varies widely from state to state. But in Arkansas “the violation of a statute is only evidence of negligence and does not constitute negligence per se.” Cent. Oklahoma Pipeline, Inc. v. Hawk Field...more

White and Williams LLP

Are Industry Standards Beside the Point Where Strict Liability is Claimed?

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It has been almost seven years since Tincher v. Omega Flex Inc. was decided by the Pennsylvania Supreme Court. The Tincher court left much unanswered but called on Pennsylvania’s lower courts, the legal academy and the bar to...more

Husch Blackwell LLP

Specific Causation Standard Further Addressed In New York

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Specific causation in an asbestos matter was addressed in a recent decision by the First Department of the New York Supreme Court. Notably, the decision is the first time an appellate court in New York affirmed a jury verdict...more

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