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12-483 - S.S., et al v Leatt Corporation


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12-483 - S.S., et al v Leatt Corporation
July 15, 2013
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Memorandum Opinion and Order: This is a products liability case. Five motions to exclude expert opinion testimony are pending before the Court: (1) Defendant's Motion to Exclude Proposed Expert Testimony by William F. Kitzes (Doc. 54); Defendant's Motion to Exclude Proposed Opinion by Richard L. Stalnaker (Doc. 59); Defendant's Motion to Exclude Proposed Opinion Testimony by Joseph Burton (Doc. 68); Defendant's Motion to Exclude Proposed Opinion Testimony by Carol Pollack-Nelson (Doc. 70); and Plaintiffs' Motion to Exclude Mitchell Garber as an Expert Witness (Doc. 72). For the reasons stated below, Defendant's motions to exclude the expert testimony of William F. Kitzes and Carol Pollack-Nelson are granted. The remaining motions to exclude expert testimony are all denied. Judge Patricia A. Gaughan on 7/15/13. (LC,S)
July 17, 2013
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ms for "misrepresentation" (third cause of action) and under the OCSPA (fourth cause of action) as those claims are abrogated by the OPLA. Judge Patricia A. Gaughan on 7/17/13. (LC,S)Memorandum Opinion and Order: Pending before the Court is Defendant Leatt Corporation's Motion for Summary Judgment (Doc. 71). Leatt's motion for summary judgment is granted in part and denied in part. Leatt's motion is denied with respect to plaintiffs' product liability claims as there is sufficient admissible evidence to demonstrate a product defect and causation. Leatt's motion for summary judgment is granted with respect to plaintiffs' alleged clai
January 31, 2014
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May 2012)(Doc. 108) is DENIED AT THIS TIME; Plaintiff's Memorandum in Support of Motion to Exclude Testing of Terrance Smith (Doc. 109) is DENIED; and Plaintiff's Motion (sic) in Support of Motion to Exclude BMW Testing and any Related Memorandum Opinion and Order: Defendant's Motion to Bifurcate Punitive Damages (Doc. 101) is GRANTED in PART and DENIED in PART; Defendant's Motion in Limine Re Dr. Leatt's Plea (Doc. 102) is GRANTED; Defendant's Motion in Limine to Exclude Other Accidents and Reports (Doc. 103) is GRANTED; Defendant's Motion in Limine to Exclude White Paper Edits by Counsel (Doc. 105) is GRANTED in PART and DENIED; Defendant's Motion in Limine to Exclude Other Neck Brace Designs (Doc. 106) is GRANTED in PART and DENIED in PART; Plaintiff's Motions in Limine (Doc. 107) are GRANTED in PART and DENIED in PART; Plaintiff's Motion in Limine Re Dr. Leatt's "White Paper" (Publication Date Conclusions (Doc. 110) is GRANTED at this time. Judge Patricia A. Gaughan on 1/31/14. (LC,S)