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04-18912 - Ruth, III v. A.O. Smith Corporation et al


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04-18912 - Ruth, III v. A.O. Smith Corporation et al
August 23, 2005
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Memorandum and Order. The defendants have moved to exclude from evidence a number of documents. The Court now issues its rulings on admissibility. The attached chart shows whether the defendants' motion to exclude is sustained or overruled for each document. Signed by Judge Kathleen M. O'Malley on 8/23/2005. (H, C)
October 11, 2005
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Memorandum and Order. Defendant's Motion for summary judgment on Ruth's conspiracy claim (Related Doc # [66.3]) is GRANTED; and defendant's motion for summary judgment based on the government contractor defense (Related Doc # [66.2]) is DENIED. Ruth's Motion to strike Select Arc's statement of interest in support of summary judgment (Related Doc # 134) is DENIED. Ruth's motion to exclude evidence that defendants acted as government contractors (Related Doc # 104) is DENIED. Signed by Judge Kathleen M. O'Malley on 10/11/2005.(H, C)
February 27, 2006
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Memorandum and Order. For the reasons and to the extent stated on the record earlier and for the additional reasons stated in this Order, the Court hereby documents the following: As outlined in this Order, defendants' motion for summary judgment (Ruth docket no. 66.1) is denied; defendants' motion for summary judgment on Ruth's claim for punitive damages (Ruth docket no. 66.6) is denied; Ruth's motion to exclude testimony by experts Thomas and Schimmel (Ruth docket no. 91), Ruth's motion to bar evidence of Lawyer Advertising (Ruth docket no. 94) and defendants' motion to exclude evidence of claims brought by other welders after August 2000 (Ruth docket no. 106.1) are all granted; Ruth's motion to exclude testimony from expert Krenek (Ruth docket no. 92) is granted in part; Ruth's motion to bar admission of Lincoln's warning labels (Ruth docket no. 93) is conditionally denied; Ruth's motion to exclude reference to Cunitz's disqualification in unrelated cases (Ruth docket no. 95) is granted; Ruth's motion to bar certain psychological evidence (Ruth docket no. 96) is granted in part; Ruth's motion to bar evidence of previously named defendants (Ruth docket no. 97) is granted; Ruth's Motion to exclude evidence of flying on private airplanes (Ruth docket no. 98) is granted; Ruth's motion to exclude evidence of collateral sources (Ruth docket no. 99) is granted in part; Ruth's motion to bar testimony regarding PET scans (Ruth docket no. 100) is denied; Ruth's motion to exclude certain testimony of Zimmerman (Ruth docket no. 101) is granted; Ruth's motion to bar evidence of other possible causes of his injury (Ruth docket no. 102) is denied; Ruth's motion to exclude evidence of negative economic impact (Ruth docket no. 103) is denied; Ruth's motion to exclude Hobart witness Russ McClellan (Ruth docket no. 162) is denied; Ruth's motion to exclude evidence re: Employers' HazCom duties (Ruth docket no. 164) is denied; Plaintiffs' motion to exclude the testimony of Laurence Fechter and Brian Buckley (MDL docket no. 966), for the reasons outlined, Plaintiffs' motion to exclude Buckley is granted and the motion to exclude Fechter is denied; Defendants' motion to exclude testimony from Glenn Harrison (MDL docket no. 1373) is denied; Defendants' motion to exclude testimony from Dr. Roth (MDL docekt no. 972) is denied; Defendants' motion to exclude testimony regarding the Welding Fume Study (MDL docket no. 972.2) is denied; Defendants' motion to exclude causation testimony (MDL docket no. 972.2) is denied. Signed by Judge Kathleen M. O'Malley on 2/27/06. (R, N)
February 27, 2006
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Memorandum and Order. For the reasons and to the extent stated on the record earlier and for the additional reasons stated in this Order, Ruth's motion to preclude allocation of fault to Ingalls Shipyard (Ruth docket no. 105 and 115) is granted. Signed by Judge Kathleen M. O'Malley on 2/27/06. (R, N)