News & Analysis as of

Motions in Limine

Unreliable Expert Collapses DOJ-Led False Claims Act Case

by Holland & Knight LLP on

False Claims Act cases often turn into battles of the experts. But only rarely does that battle turn into a rout. It did last week in a case out of the Eastern District of Virginia, United States ex rel. Ribik v. HCR...more

District Courts Split on Admissibility of Patent Owner IPR Victories

by Jones Day on

In an opinion dated October 12, 2017, the U.S. District Court for the Eastern District of Wisconsin granted a motion in limine to exclude evidence that a challenged patent had survived twenty post-issuance proceedings,...more

Court Characterizes Plaintiff’s Request for Spoliation of Images Still Available as “Frivolous”: eDiscovery Case Law

by CloudNine on

In Barcroft Media, Ltd. et al. v. Coed Media Grp., LLC, No. 16-CV-7634 (JMF) (S.D.N.Y. Sept. 28, 2017), New York District Judge Jesse M. Furman denied the Plaintiffs’ motion for spoliation sanctions for failing to preserve...more

Amgen v. Hospira: Rulings on Motions in Limine

by Goodwin on

We reported earlier this week that the district court in Amgen v. Hospira denied Hospira’s motion for summary judgment of non-infringement of its proposed biosimilar of Epogen®/Procrit® (epoetin alfa) and granted-in-part and...more

Picking Up the Post-Preemption Pieces

by Reed Smith on

Parties often file motions in limine on fairly case-specific issues, building on the history of discovery and motions practice in the case. Applying a ruling on in limines from one case to another can be a dicey proposition...more

Limits to Admitting Evidence of Other Accidents In A Products Case

by Miles & Stockbridge P.C. on

The United States District Court for the District of Maryland recently filed an opinion in a products liability case clarifying the admissibility of certain types of evidence common to product liability cases. Callahan v....more

Quick Trial Checklist

by Carlton Fields on

This chart provides a quick reference regarding motions and objections that may be made immediately prior to, during, and immediately after trial to preserve issues for appellate review. Please see full Chart below for...more

Does Your Expert Challenge Quack Like an Untimely Daubert Motion?

by Carlton Fields on

In Frigaliment Importing Co. v. BNS Int’l Sales Corp., 190 F. Supp. 116 (S.D.N.Y. 1960), Judge Friendly famously asked “What is chicken?” A case decided last year raises the question, “What is a Daubert motion?”...more

Personal Injury – Auto – Damages and Stipulation as to Liability

by Low, Ball & Lynch on

Christ v. Schwartz - Court of Appeal, Fourth Appellate District (August 12, 2016) - In a personal injury action, a defendant may wish to stipulate to liability where there is no real dispute as to who was at fault...more

Women’s Health Litigation Conference

by Reed Smith on

No television show gives its viewers more than Game of Thrones – more characters, more plot-lines, more sex, more violence, and more magic. The enormous production values scream from the screen. The frame cannot quite...more

In Limine Gag Orders – Can We Play, Too?

by Reed Smith on

Lately, we’ve seen some plaintiffs add gag order requests to their complement of in limine motions in advance of significant trials. Those of us who participated in the Bone Screw litigation remember plaintiffs attempting –...more

Seeing is Believing: Preserving Your Argument as to Audiovisual Evidence and Demonstrative Aids in the Courtroom

by Carlton Fields on

With the advent of courtroom technology, parties are increasingly relying on audiovisual evidence or demonstrative aids to present their case to the trier of fact. Sometimes, however, counsel fail to specifically object to...more

The Internet Archive Wayback Machine: A Useful IP Litigation Tool, But Is It Admissible?

The Internet Archive’s Wayback Machine archives copies of websites every few weeks or months, going back to 1996. The Wayback Machine currently has almost 500 billion archived webpages. By entering a website into the Wayback...more

Repeated Willful Violations During Trial of Court’s In Limine Rulings Results in Terminating Sanctions Including Dismissal of...

The Court of Appeal of the State of California - Second Appellate District in Osborne v. Todd Farm Service, et al. (5/2/16 – Case no. B260280) affirmed the trial court’s dismissal of plaintiff’s complaint for personal...more

Avoiding Trouble Following In Limine Rulings

by Carlton Fields on

Trials often are preceded or interrupted by hearings on motions in limine, where parties attempt to limit the evidence or arguments that their opponents can utilize in the trial. These hearings are often fast-paced, with...more

Evidence of Industry Custom May Be Relevant and Admissible in a Strict Products Liability Action Depending on the Nature and...

In Kim v. Toyota Motor Corp., 2016 No. B247672, the California Court of Appeal, Second District, held that a jury could consider evidence of industry custom to determine whether a product was defective under the risk-benefit...more

Evidence of Industry Custom and Practice May Be Admissible in Strict Products Liability Cases

by Low, Ball & Lynch on

William Jae Kim, et al. v. Toyota Motor Corporation, et al. - Court of Appeal, Second Appellate District (January 19, 2016) - William Jae Kim and Hee Jon Kim filed a strict products liability action against...more

Florida Court Reverses Dismissal After Trial Judge Improperly Excludes Bank’s Trial Witness, Dismisses Case

by Burr & Forman on

In OneWest Bank, FSB v. Gino Alessio, et al., 4D14-1444 (Fla. 4th DCA Jan. 6, 2014), the Fourth District Court of Appeal reversed a trial judge’s order dismissing a foreclosure after the defendant improperly used a motion in...more

ITC Confirms a Section 337 Violation May be Based on Discontinued Accused Products

by Fish & Richardson on

On occasion, the allegations in a patent-based a section 337 investigation will apply the asserted patent(s) against an accused product that, by the time the investigation concludes, has been discontinued. This is...more

Federal Jury Awards $1 Million In Compensatory Damages And $10 Million In Punitive Damages In Bellwether Hip Implant Trial

In a post last month, we reported on a district court’s rulings on motions in limine in the first bellwether hip implant trial against Wright Medical Technology Incorporated. The case subsequently went to trial, and last week...more

Federal District Court Issues Split Decision On Admissibility Of Evidence Bearing On Punitive Damages

As we have observed in a prior post, defendants in punitive damages cases often fail to develop evidence in mitigation of the amount of punitive damages, enabling the plaintiff to focus the jury on evidence about the...more

Fundamental Evidentiary Issues – Avoiding Exclusion of Your Opinion of Value and Comparable Sales

by Nossaman LLP on

In an unpublished opinion filed this week, the California Court of Appeal confirmed two fundamental evidentiary rules related to eminent domain matters: Before we delve into the case, here’s a basic reminder of California law...more

Federal Judge Rejects DOJ’s Theory of FCPA Accomplice Liability

by WilmerHale on

On August 13, 2015, a US district judge dismissed a charge seeking to hold a defendant criminally liable for conspiracy to violate the Foreign Corrupt Practices Act (FCPA) if he is not a principal or agent of a US domestic...more

IP Newsflash - July 2015 #4

FEDERAL CIRCUIT CASES - Federal Circuit Grants Mandamus Disallowing Use of U.S. Discovery in Foreign Proceedings - The Federal Circuit has granted mandamus vacating a New Jersey district court’s order that allowed...more

Leave the Baggage Behind: Deciding How Much Party Background Is Admissible

by Orrick - IP Landscape on

Order on Motions in Limine, Finjan, Inc. v. Blue Coat Systems, Inc., Case No. 13-cv-03999 (Judge Beth Freeman) - Litigators know that, at trial, what you’re not allowed to say can sometimes be just as important as what...more

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