Cole's Tool Works v. American Power Conversion Corporation

Filing 191

ORDER granting in part and denying in part 164 MOTION in Limine filed by American Power Conversion Corporation. Signed by W. Allen Pepper on 3/10/2010. (pbs, USDC)

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF MISSISSIPPI DELTA DIVISION COLE'S TOOL WORKS VERSUS AMERICAN POWER CONVERSION CORPORATION ORDER This cause is before the Court on American Power Conversion Corporation's Motion in Limine [164]. The Court, having reviewed the motion, the response, the authorities cited and being otherwise fully advised in the premises, finds as follows, to-wit: Defendant seeks the entry of an order which prohibits the plaintiff from mentioning, directly or indirectly, certain matters before the jury panel and/or jury during the trial of this cause. Those matters and the Court's rulings are set forth below as follows: 1. 2. Punitive damages - Granted APC's 2003 Voluntary Recall - The Court reserves ruling; the evidence sought to be excluded may be admissible for certain purposes, e.g., for impeachment and/or rebuttal. 3. 4. 5. 6. 7. Derek Longeway - Denied. Foreign Manufacturer - Denied. Reference to Non-Evidence - Denied. Testimony by Absentee Witness - Granted. Demonstrative Evidence - Granted. PLAINTIFF CIVIL ACTION NO. 2:06CV169-P-A

DEFENDANT

8. 9. 10.

Loss of Business Income Claim Beyond May 1, 2006 - Denied. Property Loss Claim - Denied. Other APC Products - The Court reserves ruling; the admissibility of such evidence can only be determined at trial..

11.

Subsequent Remedial Measures - Granted, subject to the exceptions enumerated in FRE 407.

12. 13. 14. 15. 16. 17.

APC's Net Worth - Granted. Settlement Discussions - Granted. Reference to Motions in Limine - Granted. Prior Claims and/or Suits Against APC - Denied. Golden Rule - Granted. Consequence of Findings Against Plaintiff - Granted.

IT IS, THEREFORE, ORDERED AND ADJUDGED that American Power Conversion Corporation's Motion in Limine [164] should be, and hereby is, GRANTED IN PART and DENIED IN PART. SO ORDERED, this the 10th day of March, 2010. /s/ W. Allen Pepper, Jr. W. ALLEN PEPPER, JR. UNITED STATES DISTRICT JUDGE