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Structural Group, Inc v. Liberty Mutual Insurance Company

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA


July 5, 2011

STRUCTURAL GROUP, INC.,
PLAINTIFF
v.
LIBERTY MUTUAL INSURANCE COMPANY, DEFENDANTS
LIBERTY MUTUAL INSURANCE COMPANY, THIRD PARTY PLAINTIFF
v.
LYONS CONSTRUCTION SERVICES, INC., THIRD PARTY DEFENDANT

The opinion of the court was delivered by: Judge Conner

ORDER

AND NOW, this 5th day of July, 2011, upon consideration of the motion in limine (Doc. 60) filed by plaintiff Structural Group, Inc. ("Structural"), wherein Structural requests that the court exclude all evidence which is unrelated to its claims, on the basis that such evidence is irrelevant, see FED. R. EVID. 401, 402 (defining relevant evidence, and providing that relevant evidence is generally admissible, but that "[e]vidence which is not relevant is not admissible"), or that the probative value of such evidence is minimal and is substantially outweighed by the risk that confusion or delay would arise as a result of admitting the evidence, see FED. R. EVID. 403, and the court concluding that Structural's request is overly broad,*fn1 but that certain portions of the evidence at issue should be excluded,*fn2 and the court further concluding that it must consider other portions of the allegedly inadmissible evidence in the context of trial,*fn3 it is hereby ORDERED that Structural's motion in limine (Doc. 60) is GRANTED in part and DENIED in part as follows:

1. The motion (Doc. 60) is GRANTED with respect to evidence that pertains solely to the following defenses: recoupment, judicial estoppel, and Structural's alleged waiver of its claims.

2. In all other respects, the motion (Doc. 60) is DENIED, without prejudice to Structural's right to object to evidence that Structural believes is improperly offered at trial.

CHRISTOPHER C. CONNER United States District Judge


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