Category Archives: Motions in Limine

In an Extensive Decision, Court Excludes Many Post-Exposure Pieces of Evidence Against Brake Defendants U.S. District Court for the Eastern District of North Carolina, Western Division May 11, 2015

The plaintiff commenced this action alleging exposure to asbestos as a brake mechanic at various locations, with his last claimed exposure to Ford brakes in 1960 and Bendix brakes in 1962. In a pretrial motion in limine, defendants Ford and Honeywell sought to exclude all different types of post-exposure evidence the plaintiff sought to introduce at trial. The court issued a lengthy decision addressing many different issues. Here are some of the highlights: As to whether post-exposure evidence generally is relevant under FRE 401

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Appeals Court Rules on Several Evidentiary Issues in Talc-Asbestos Exposure Case, Ultimately Upholding $1.6 Million Verdict Superior Court of New Jersey, Appellate Division, March 27, 2015

In this case, the Plaintiff, Steven Kaenzig, and his wife sued multiple defendants, including talc supplier Whittaker, Clark & Daniels, Inc., for his contracting mesothelioma as a result of his exposure to the talc on his father’s work clothes. The defendant was the primary supplier of talc where plaintiff’s father worked. The case was tried and a verdict of $1.6 million was rendered in favor of the plaintiffs. On appeal, the defendant challenged several pretrial and evidentiary rulings and the denial of its motion for…

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