Motions in Limine Archives - Asbestos Case Tracker

April 26, 2024 Expert Opinion / Motions in Limine

Federal Court Denies Plaintiff’s and Defendants’ Motions in Limine on Eve of Trial

U.S. District Court for the Eastern District of Louisiana

Decedent Terry J. LeGendre worked for defendant Huntington Ingalls, Inc. (Avondale) from October 1967 to January 1968. He was later diagnosed with and died from mesothelioma. Prior to the May 2024 trial, defendants General Electric Company, Paramount Global, Eagle Inc., Foster Wheeler LLC, Uniroyal, Inc., and Taylor-Seidenbach Inc. moved to limit or exclude the plaintiff’s experts. Likewise, the plaintiff moved to exclude the expert opinion presented by defendants Avondale and Bayer CropScience, Inc.

The defendants’ motion …

Posted by: Susan R. Allen-Robbins

Court Denies Motions in Limine Despite Finding Expert Report Disclosure Untimely

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 mining and processing location in Libby, Montana. Subsequently, an accumulation of airborne asbestos resulted in and around the town where plaintiffs resided. Plaintiffs allege the defendant’s railyard in downtown Libby served as the hub of the company’s vermiculate business and that it transported crushed vermiculite ore in open rail cars along its “Libby …

Business and lawyers discussing contract papers with brass scale on desk

September 27, 2023 Louisiana / Motions in Limine

Posted by: Kerry L. Jones

Shipyard Defendant Receives Split Rulings on Motions in Robichaux Mesothelioma Matter

Court: United States District Court for the Eastern District of Louisiana

In ACT’s continuing coverage of the Robichaux mesothelioma matter pending in the United States District Court for the Eastern District of Louisiana — reported most recently here — before the court were two motions in limine, one filed by plaintiff and one by defendant, Avondale.

First, plaintiffs moved to exclude factual testimony provided by Avondale’s witness Danny Joyce. Plaintiffs argue that Joyce’s testimony was not based on personal knowledge and, as such, Joyce …

September 26, 2023 Louisiana / Motions in Limine / Summary Judgment

Posted by: Jillian E. Madison

Defendants Unsuccessful On Motions to Preclude Experts and Summary Judgment

United States District Court for the Eastern District of Louisiana

In ACT’s continuing coverage of the Robichaux matter, Felton Robichaux filed suit in Civil District Court for the Parish of Orleans against a number of defendants alleging he was exposed to asbestos from products he worked with as an insulator and carpenter at Avondale Shipyard from 1961 to 1979.

In addition to his own employment at Avondale Shipyard, plaintiffs allege Robichaux was also secondarily exposed through contact with his brother, Junior Robichaux, who worked at …

October 25, 2022 Louisiana / Motions in Limine

Posted by: Susan R. Allen-Robbins

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

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 throughout his career as well as secondhand exposure from his father and brothers. Defendants included asbestos-related manufacturers, premise owners, and employers. The defendants filed an omnibus motion in limine prior to trial.

Firstly, defendants moved to prohibit plaintiffs from characterizing them all as “asbestos companies,” or members of the “asbestos industry,” on the grounds that this …

December 18, 2020 Delaware / Expert Challenges / Motions in Limine / Summary Judgment

Posted by: Elizabeth Lautenbach Adams

Railway Company Denied Summary Judgment; Service and Expert Issues Remain

The plaintiff, the Estate of Gregorio Sanchez Valdez, alleged occupational exposure to asbestos and diesel fumes while working as a machinist for defendant BNSF Railway Company from 1996 until 2016. Valdez was diagnosed with laryngeal cancer in 2014. BNSF moved for summary judgment on three grounds, of which the court denied all three.

First, BNSF argued that Valdez failed to serve BNSF with process within the three-year statute of limitations under the Federal Employers’ Liability Act. The court observed that the crux of this argument …

September 24, 2020 Louisiana / Motions in Limine

Posted by: Jillian E. Madison

Various Rulings on Defendants’ Motions in Limine in Naval Shipyard Case

U.S. District Court for the Eastern District of Louisiana, September 21-23, 2020

In Asbestos Case Tracker’s third installment of the analysis of pre-trial motions in the Dempster v. Lamorak Insurance Co. matter, the U.S. District Court for the Eastern District of Louisiana has issued nine decisions on additional motions in limine filed by the defendants. By way of background, the plaintiffs alleged the decedent, Callen L. Dempster, was exposed to asbestos while employed at the Avondale Shipyards from 1962 to 1994. The case was removed …

September 22, 2020 Expert Challenges / Louisiana / Motions in Limine

Posted by: admin

Expert Challenges and Motions in Limine Decided in Federal Shipyard Case

U.S. District Court for the Eastern District of Louisiana, September 16, 2020

The U.S. District Court for the Eastern District of Louisiana has issued seven decisions on motions in limine filed by both plaintiffs and defendants in the Dempster v. Lamorak Insurance Co. matter, which has been closely followed by Asbestos Case Tracker. By way of background, the plaintiffs alleged the decedent, Callen L. Dempster was exposed to asbestos while employed at the Avondale Shipyards from 1962 to 1994. The case was removed to federal …

September 18, 2020 Louisiana / Motions in Limine

Posted by: Asbestos Case Tracker

Defendants Cannot Introduce Collateral Source Income at Trial

U.S. District Court, Eastern District of Louisiana, September 17, 2020

The instant matter has been extensively covered by the Asbestos Case Tracker blog. In addition to the myriad of other motions in limine filed, the plaintiffs filed a motion in limine to exclude questions or comments concerning collateral sources of income or payments. Multiple defendants opposed the motion.

The defendants “concede that evidence of benefits received from collateral sources is inadmissible for the purpose of reducing a plaintiff’s recovery by means of offset,” but argued …

October 28, 2019 Damages / Delaware / Expert Challenges / Maritime/Admiralty Law / Motions in Limine

Posted by: Jillian E. Madison

Delaware District Court Rules on Pre-trial Motions in Maritime Law Case

DELAWARE – The plaintiff filed this asbestos-related wrongful death action in Delaware on June 11, 2015. While the court does not explain the underlying case facts, motion practice regarding admiralty law and expert exclusion indicates that the decedent was exposed to asbestos while a member of the United States Navy. As trial is approaching for this case, the plaintiff and the defendant, John Crane, Inc. (JCI), both filed motions in limine. The plaintiff’s motion sought to exclude discussion or reference to collateral sources, including …