Category: Motions in Limine

Case Decisions / Expert Challenges / Motions in Limine
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Mixed Ruling on Brake Manufacturers’ Motions to Preclude Case Reports

In this federal court action, it is alleged that the plaintiff, Graham Yates, was exposed to asbestos brake products while working in various employment positions and from working on his own vehicles. The defendants, Ford Motor Company and Honeywell International, Inc. moved in limine on several different grounds to preclude case reports. The court ruled as follows:

The defendants challenged the case reports on the grounds of relevancy and reliability. In a lengthy analysis, the court denied the motion. Regarding relevance, the court looked at …

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Case Decisions / Expert Challenges / Motions in Limine / North Carolina
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Mixed Ruling on Brake Defendant’s Motion in Limine on Expert Testimony Regarding Corporate Conduct

In this federal court action, it is alleged that the plaintiff, Graham Yates, was exposed to asbestos brake products while working as a gas station attendant from 1956-1957, as a parts salesman and delivery driver for a Ford dealership in the 1960s, as a clerk in an automobile parts warehouse from 1961-1962, and from working on his own vehicles in the 1950s and 1960s. The defendant, Ford, brought a motion in limine to exclude expert testimony regarding corporate conduct. The court provided a lengthy analysis …

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Case Decisions / Motions in Limine / North Carolina
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In an Extensive Decision, Court Excludes Many Post-Exposure Pieces of Evidence Against Brake Defendants

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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Case Decisions / Motions in Limine
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Appeals Court Rules on Several Evidentiary Issues in Talc-Asbestos Exposure Case, Ultimately Upholding $1.6 Million Verdict

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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