Category: Motions in Limine

Delaware / Expert Challenges / Motions in Limine / Summary Judgment
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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 …

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Louisiana / Motions in Limine
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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 …

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Expert Challenges / Louisiana / Motions in Limine
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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 …

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Louisiana / Motions in Limine
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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 …

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Damages / Delaware / Expert Challenges / Maritime/Admiralty Law / Motions in Limine
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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 …

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California / Motions in Limine
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Testimony of Plaintiff’s Key Witness is Inadmissible Hearsay; Court Reverses Judgment in Mesothelioma Claim

CALIFORNIA — In the matter of Frank C. Hart, he Court of Appeal, First District, Division 5, California reversed a lower court’s judgment against defendant after finding the testimony of plaintiff’s key witness was inadmissible hearsay.

The plaintiff Frank C. Hart filed suit alleging that his mesothelioma diagnosed was caused by exposure to asbestos from his work in construction as a pipe layer. The paintiff alleged that defendant supplied asbestos-containing piping that exposed him to asbestos. The lower court’s judgment was primarily based on a …

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Expert Challenges / Motions in Limine / Virginia
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Court Precludes Some But Not All Testimony of Naval Expert

VIRGINIA — Following up with a prior ACT post on the Harry Goodrich matter pending in the United States District Court, E.D., Virginia, the Court has issued an omnibus opinion concerning motions in limine.

Among other issues decided, the court addressed the plaintiffs’ motion to limit the testimony of defendants’ naval expert, Margaret McCloskey (McCloskey). Pursuant to Rule 702, the plaintiffs sought to limit the testimony of McCloskey in four (4) respects: (i) as unqualified to opine about plaintiffs actual exposure to asbestos-containing thermal insulation …

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Maritime/Admiralty Law / Motions in Limine / Virginia
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Superseding Cause/State of Art as to Navy’s Negligence and Knowledge of Asbestos Barred Against Sealing Technology Defendant

VIRGINIA –The plaintiff brought this suit against John Crane Inc. (JCI) alleging Mr. Goodrich developed an asbestos related disease for which Defendant was liable. The plaintiff moved in limine to preclude JCI from presenting evidence of the alleged “knowledge or negligence of the Navy.”

JCI argued that any failure to warn was not a substantial factor in causing the plaintiff’s injury based on the Navy’s negligent control of the plaintiff’s work space. Also, JCI took the position that the Navy’s intervening negligence superseded that of …

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Case Decisions / Expert Challenges / Motions in Limine / Wisconsin
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Frustrated Court Denies Plaintiffs’ Motion to Reconsider Exclusion of Kenneth Garza Due to Lack of Authority

WISCONSIN — In this case set for trial on June 4, 2018, the plaintiffs filed eleven motions under Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993) and various motions in limine. After hearing and argument, the court granted defendant Pabst Brewing Company’s motion to bar, under Daubert, Kenneth Garza’s reports, opinions, and testimony, and granted the Daubert motion of defendants Sprinkmann, Employers Insurance Company and WEPCO’s to exclude Garza’s testimony. The court found that although Garza’s training and background gave him the …

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Case Decisions / Motions in Limine / Wisconsin
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Various Rulings Issued on Motions in Limine in Trial; Plaintiffs’ Motion to Exclude Defense Experts Denied

The court issued various rulings on motions in limine filed by both the plaintiffs and defendant John Crane in this matter that is set for trial on July 17, 2017. The decedent died of mesothelioma. Many of the motions were unopposed. Below are summaries of the more pertinent rulings.

Regarding the plaintiff’s motions, the plaintiff argued that the defendant should be barred from disclosing that some corporations were in bankruptcy. The defendants opposed the motion because under Wisconsin law, any claims plaintiffs have submitted to …

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