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)
• Exclude Evidence of Mental Anguish and Inconvenience Denied!
• Bar Introduction of Evidence of Alternative Methods of Hurricane Protection Denied!
• Bar Introduction of Evidence Concerning Breaches of the East Bank of the IHNC Denied!
• Bar Testimony of Injuries to Parties Other Than the Plaintiffs Granted in part, Denied in part
• Bar Introduction of Evidence Related to NEPA Violations Denied!
• Bar Introduction of Evidence Which Removes The MRGO From Existence Denied!
• Bar Evidence of Damage Caused By The Design and Construction of The MRGO Denied!
How about this title change: MR-Go gets ready to go speeding to trial. Works for me!
Later!