Filed: Feb. 06, 2019
Latest Update: Feb. 06, 2019
Summary: ORDER R. BARCLAY SURRICK , District Judge . AND NOW, this 5th day of February , 2019, upon consideration of Defendant's Amended Motion in Limine (ECF No. 98), and all documents submitted in support thereof and in opposition thereto, it is ORDERED that the Motion is GRANTED IN PART and DENIED IN PART as follows: 1. The Motion is GRANTED IN PART insofar as Plaintiff will be precluded from offering factual or lay opinion testimony that is not based on personal or first-hand knowledge
Summary: ORDER R. BARCLAY SURRICK , District Judge . AND NOW, this 5th day of February , 2019, upon consideration of Defendant's Amended Motion in Limine (ECF No. 98), and all documents submitted in support thereof and in opposition thereto, it is ORDERED that the Motion is GRANTED IN PART and DENIED IN PART as follows: 1. The Motion is GRANTED IN PART insofar as Plaintiff will be precluded from offering factual or lay opinion testimony that is not based on personal or first-hand knowledge ..
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ORDER
R. BARCLAY SURRICK, District Judge.
AND NOW, this 5th day of February, 2019, upon consideration of Defendant's Amended Motion in Limine (ECF No. 98), and all documents submitted in support thereof and in opposition thereto, it is ORDERED that the Motion is GRANTED IN PART and DENIED IN PART as follows:
1. The Motion is GRANTED IN PART insofar as Plaintiff will be precluded from offering factual or lay opinion testimony that is not based on personal or first-hand knowledge or other proper evidentiary foundation.
2. The Motion is GRANTED insofar as Plaintiff will be precluded from offering evidence that MassMutual interfered with Plaintiffs prospective contractual relations.
3. The Motion is GRANTED IN PART insofar as Plaintiffs damages expert's report and testimony will not be admitted unless and until there is sufficient evidence in the trial record to provide a factual basis for the expert's damages analysis and its underlying assumptions.
4. The Motion is GRANTED insofar as Plaintiff will be precluded from offering evidence concerning unpaid first-year commissions.
5. The Motion is GRANTED insofar as Plaintiff will be precluded from presenting evidence concerning an "eggshell skull" theory of alleged emotional distress damages.
6. The Motion is GRANTED insofar as Plaintiff will be precluded from offering evidence of hearsay statements made by Plaintiffs clients concerning Plaintiffs role with "the company."
7. In all other respects the Motion is DENIED.
IT IS SO ORDERED.