In his recent decision in the commercial motor
vehicle accident case of Kane v. DG
Express, No. 3:16-CV-216 (M.D.Pa. May 18, 2017 Conaboy, J.), Judge Richard
P. Conaboy denied the defendants’ Motion in Limine seeking to preclude
Plaintiff’s punitive damages claim. The decision held that a Motion in Limine
is an inappropriate vehicle for an effect -- the preclusion of a claim – that
should have been the subject of a case dispositive motion, such as a motion to
dismiss at the pleadings stage, or a motion for summary judgment after the
conclusion of discovery.
Anyone wishing to review this decision may click this LINK.
I send thanks to the prevailing Plaintiff's Attorney Richard A. Russo of the Wilkes-Barre, PA law firm of Rosenn, Jenkins & Greenwald for
bringing this case to my attention.
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