QVC, INC. v. MJC AMERICA, LTD.

Filing 76

MEMORANDUM AND ORDER THAT SOLEUS' MOTION IN LIMINE CONCERNING EVIDENCE OF CUSTOMER COMPLAINTS IS GRANTED IN PART AND DENIED IN PART. SIGNED BY HONORABLE THOMAS N. ONEILL, JR ON 1/6/12. 1/6/12 ENTERED AND COPIES E-MAILED.(fdc)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
QVC, INC.
v.
MJC AMERICA, LTD.
d/b/a SOLEUS INTERNATIONAL, INC.

:
:
:
:
:
:
:

CIVIL ACTION
NO. 08-3830

ORDER
AND NOW, this 6th day of January, 2012, upon consideration of Soleus’ motion in
limine concerning evidence of customer complaints and QVC’s response to Soleus’s motion, and
consistent with the accompanying memorandum of law, it is ORDERED that QVC’s motion is
GRANTED IN PART and DENIED IN PART as follows:
(1)

Soleus’s motion is GRANTED to the extent that it seeks to preclude
evidence of customer complaints concerning the heaters at issue in this
litigation as evidence that the heaters in fact overheated, malfunctioned or
otherwise were defective under normal use;

(2)

Soleus’s motion is DENIED to the extent that it seeks to preclude the
admission of any documents or testimony stating, recording or otherwise
reflecting the substance of customer complaints. QVC may introduce
evidence of its customer complaint logs and the customer complaints for
the purpose of establishing its notice of customer complaints when it
determined to recall the heaters.

s/Thomas N. O’Neill, Jr.
THOMAS N. O’NEILL, JR., J.