STRAUB v. CBS BROADCASTING INC.

Filing 86

ORDER THAT DEFENDANT'S MOTION TO PRECLUDE PLAINTIFF'S EXPERT FROM TESTIFYING REGARDING ACTUAL MALICE 68 IS GRANTED. DEFENDANT'S MOTION IN LIMINE TO TREAT PLAINTIFF AS A PUBLIC FIGURE 72 IS DENIED. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 5/23/16. 5/24/16 ENTERED AND COPIES E-MAILED. (ti, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
ANDREA STRAUB
CIVIL ACTION
v.
NO. 14-5634
CBS BROADCASTING, INC.

ORDER
AND NOW, this 23rd day of May, 2016, upon review of Defendant’s Motions in Limine
(ECFs 68, 69, 70, 71, 72) and all related responses and submissions, and for the reasons stated in
the foregoing Memorandum, it is hereby ORDERED that:
1. Defendant’s Motion to Preclude Plaintiff’s Expert from Testifying Regarding Actual
Malice (ECF 68) is GRANTED. Plaintiff’s expert may offer his opinion regarding
whether Defendant abided by generally accepted newsroom practices in running its
broadcasts, but he may not explain “actual malice” to the jury or offer any conclusion as
to whether Defendant’s conduct satisfied that standard;
2. Defendant’s Motion in Limine to Pre-Instruct the Jury (ECF 69) is held under advisement
pending review of any agreed-upon instructions;
3. Defendant’s Motion in Limine to Exclude Hearsay (ECF 70) is held under advisement
pending an offer of proof at trial;

4. Defendant’s Motion in Limine to Preclude Guidelines of Other News Organizations
(ECF 71) is held under advisement. The Court requests counsel for Defendant to specify
whether its objection goes to the reliability of the expert, the acceptance of the proposed
standards throughout the media industry, or otherwise. See Fed. R. Evid. 702. Counsel
for Defendant shall submit a supplemental brief limited to five (5) pages within ten (10)
days. Counsel for Plaintiff may file a reply limited to five (5) pages within ten (10) days
of Defendant’s submission; and
5. Defendant’s Motion in Limine to Treat Plaintiff as a Public Figure (ECF 72) is DENIED.

BY THE COURT:
/s/ Michael M. Baylson
_______________________________
MICHAEL M. BAYLSON, U.S.D.J.

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