Motions in Limine Archives - Asbestos Case Tracker

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 …

October 29, 2018 California / Motions in Limine

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 …

October 1, 2018 Expert Challenges / Motions in Limine / Virginia

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 …

August 29, 2018 Maritime/Admiralty Law / Motions in Limine / Virginia

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 …

May 4, 2018 Case Decisions / Expert Challenges / Motions in Limine / Wisconsin

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 …

July 12, 2017 Case Decisions / Motions in Limine / Wisconsin

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 …

April 24, 2017 Case Decisions / Expert Challenges / Motions in Limine / New York

NYCAL Court Denies Motion in Limine to Preclude Plaintiff’s Causation Experts

The court issued further rulings in a case previously reported in Asbestos Case Tracker on April 12, 2017. This case involved plaintiff Frederick Evans’ alleged exposure to asbestos-containing dust from his work as an HVAC mechanic from 1955-59. Although the defendants submitted a joint omnibus motion in limine, the only defendant remaining at trial was Burnham LLC. Here, the motion in limine to exclude the causation opinions of the plaintiffs’ experts Dr. Carl Brodkin and Dr. John Maddox was denied.

Burnham argued the plaintiffs’ causation …

April 12, 2017 Case Decisions / Motions in Limine / New York

Defendants’ Motion in Limine Denied on Multiple Issues; Including Regulatory Materials, Past Conduct, MAS Studies and Expert Testimony Based on Animal Studies

The plaintiff filed this action against several defendants alleging his asbestos related disease was caused by products for which the defendants were liable. Mr. Evans worked as a cable puller for Western Electric from 1946-48, as a grounds man and lineman for Queens Gas and Electric from 1948-52, as an HVAC worker for multiple employers from 1952-63 and again in a mechanic and supervisory role from 1965-68 at residential and commercial sites. He also claimed potential bystander exposure from residential jobs including roofing, flooring, ceiling, …

March 8, 2017 Case Decisions / Expert Challenges / Louisiana / Motions in Limine

Daubert Challenges Result in Experts Being Allowed to Testify Regarding General Causation; Not Specific Causation

In this federal court case, it was alleged that the plaintiff’s decedent was exposed to asbestos while serving in various job duties while in the U.S. Navy during the 1960s. The plaintiff brought two Daubert motions seeking to preclude the defendants’ experts, Drs Michael Graham and Mark Taragin, from testifying. Dr. Graham is a forensic pathologist and Dr. Taragin is an epidemiologist. The court granted in part and denied in part the plaintiff’s motions.

The court would allow each expert to provide general causation testimony …

January 10, 2017 Case Decisions / Motions in Limine / New York

Various Rulings in NYCAL Case Regarding Defendants’ Motion in Limine to Preclude Certain Evidence

The plaintiff alleged asbestos exposure through his work as a roofer, maintenance man, and carpenter. The defendants submitted a joint motion in limine to preclude certain evidence. The court issued various rulings, summarized below.

First, the defendants asserted that Dr. Jacqueline Moline would offer a scientifically unsupportable causation opinion that every occupational exposure was a substantial factor in causing the plaintiff’s mesothelioma. This was also known, among other things, as the “each and every exposure” or “cumulative exposure” theory. At the outset the court noted …