Breaking News – Judge Duval denies six of seven motions in limine filed in MRGO

The Court has reviewed the motions, memoranda, oppositions and replies filed with respect to these motions and is prepared to rule there on. As a preface, the Court would note that many of  these motions seek to limit testimony and evidence predicated on false presumptions concerning a fact which the Court has ruled is contested and, as such, is at issue in this case.

Some of these motions are simply veiled attempts seeking the Court’s reconsideration its denial of the Government’s Motion for Summary Judgment based on the discretionary function exception and the due care exception. In addition, many of the arguments made are predicated on arguments concerning the merits of this case.

In his Order and Reasons Judge Duval denied six of the Government’s motions in limine.  One was granted in part and denied in part.  All are listed below in the order they were listed in MR-GO gets ready to go to trial (Part 1) Continue reading “Breaking News – Judge Duval denies six of seven motions in limine filed in MRGO”

MR-Go gets ready to go to trial – Part 1: the Government’s seven motions in limine

Motion in limine (Latin: “at the threshold“) as in a motion filed by the opposing party when a policyholder is “at the threshold” of victory – or so it seems in Katrina insurance litigation. Simply, and accurately stated, however, a motion in limine is a pre-trial motion filed to exclude certain evidence at trial.order-and-reasons-summary-judgment-denied_page_12-3

Seven such motions have been filed by government attorneys representing the Corps of Engineers in the lawsuit that began as Robinson v Corps of Engineers and evolved into the Consolidated Katrina Litigation where it’s known as the MRGO case.

“What in limine motions are not designed to do is to replace the dispositive motions prescribed by the Code of Civil Procedure.  It has become increasingly common, however, for litigants to utilize in limine motions for this purpose.”
( Amtower v. Photo Dynamics, Inc. (2008) 158 Cal.App.4th 1582)…

Plaintiffs’ attorney Piece O’Donnell expands on this point in the “blanket opposition” filed as Continue reading “MR-Go gets ready to go to trial – Part 1: the Government’s seven motions in limine”

SLABBED Daily – April 13

A happy -but belated – 50th birthday to Chip Merlin. If you’ve ever wondered what to give a man who has everything, you’ll be interested in knowing his “family gift” was a two-week holiday in Italy; his staff gave him two-weeks of great blog posts, and, I tore a page describing windstorm damage in Galveston from a magazine.

Merlin bookended his trip to Italy with some great posts on wind damage following Ike and the not-so-great response from the Texas Windstorm Insurance Association. It appears TWIA has been blowing off wind damage for some time, as far back as Hurricane Rita!

Allstate/Pilot Claim Servise (and State Farm) have successfully and invisibly shifted their liability for paying for the repair or replacement of Hurricane Rita damaged roofs, back onto their trusting clients shoulders, and the general insured publics shoulders via the TWIA premium pool, and the Texas General Fund tax payer shoulders.

I wouldn’t have written a word about this if the Editilla K-Ninaaa hadn’t corrected the spelling to Beaux! Continue reading “SLABBED Daily – April 13”