KARPF v. MASSACHUSETTS MUTUAL LIFE INSURANCE COMPANY et al

Filing 109

MEMORANDUM AND ORDER THAT DEFENDANTS AMENDED MOTION IN LIMINE (DOC. 98) IS GRANTED IN PART AND DENIED IN PART AS OUTLINED HEREIN. SIGNED BY HONORABLE R. BARCLAY SURRICK ON 2/5/19. 2/6/19 ENTERED AND COPIES E-MAILED.(rf, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA

DOUGLAS K. KARPF
CIVIL ACTION
v.

NO. 10-1401
MASSACHUSETTS MUTUAL LIFE
INSURANCE COMPANY, ET AL.

ORDER

AND NOW, this

,f{_xy

of February , 2019, upon consideration of Defendant's

Amended Motion in Limine (ECF No. 98), and all documents submitted in support thereof and
in opposition thereto, it is ORDERED that the Motion is GRANTED IN PART and DENIED

IN PART as follows:
1.

The Motion is GRANTED IN PART insofar as Plaintiff will be precluded from

offering factual or lay opinion testimony that is not based on personal or first-hand knowledge or
other proper evidentiary foundation.
2.

The Motion is GRANTED insofar as Plaintiff will be precluded from offering

evidence that MassMutual interfered with Plaintiffs prospective contractual relations.
3.

The Motion is GRANTED IN PART insofar as Plaintiffs damages expert's

report and testimony will not be admitted unless and until there is sufficient evidence in the trial
record to provide a factual basis for the expert's damages analysis and its underlying
assumptions.
4.

The Motion is GRANTED insofar as Plaintiff will be precluded from offering

evidence concerning unpaid first-year commissions.
5.

The Motion is GRANTED insofar as Plaintiff will be precluded from presenting

evidence concerning an "eggshell skull" theory of alleged emotional distress damages.
6.

The Motion is GRANTED insofar as Plaintiff will be precluded from offering

evidence of hearsay statements made by Plaintiffs clients concerning Plaintiffs role with "the
company."
7.

In all other respects the Motion is DENIED.

IT IS SO ORDERED.
BY THE COURT:

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