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Silmon v. Travelers Home and Marine Insurance Co.

United States District Court, D. Kansas

January 30, 2018

MARCUS SILMON, et al., Plaintiffs,
v.
TRAVELERS HOME AND MARINE INSURANCE COMPANY, Defendant.

          MEMORANDUM AND ORDER ON MOTIONS IN LIMINE

          TERESA J. JAMES U.S. MAGISTRATE JUDGE.

         This matter is before the Court on Defendant's Motion in Limine (ECF No. 47) filed in anticipation of trial. Defendant's motion argues a number of areas of inquiry are inadmissible under the federal rules of evidence. For the reasons stated below, Defendant's motion is denied in part, granted in part, and other issues the Court takes under advisement until trial.

         I. Legal Standards

         “The purpose of an in limine motion is to aid the trial process by enabling the Court to rule in advance of trial on the relevance of certain forecasted evidence, as to issues that are definitely set for trial, without lengthy argument at, or interruption of, the trial.”[1] “A motion in limine is designed to prevent the interjection of specific evidence that is irrelevant, inadmissible, or prejudicial. . . . A motion in limine which generally lacks specificity as to any particular evidence is properly denied.”[2]

         II. Topics

         A. Those as to which Plaintiffs raise no objection.

         Defendant moves in limine to preclude evidence of or reference to a number of matters to which Plaintiffs raise no objection. The Court lists each using the number Defendant assigned in its motion:

1. Evidence and argument comparing the size, power and wealth of Plaintiffs and Defendant;
2. Evidence and argument regarding the insurance industry in general;
3. Evidence regarding other claims and lawsuits;[3]
4. Evidence and argument regarding redaction of certain portions of claim file;
5. Lay witness opinion testimony regarding the cause of the claimed damage;[4]
7. Questions, evidence, and argument regarding information sought in the application for the insurance ...

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