Summary
noting common use of a "bifurcated approach to the Motion in Limine" and allowing testimony on industry custom and practice, but excluding testimony and portions of report interpreting legal documents
Summary of this case from Bethlehem Area School District v. ZhouOpinion
CIVIL ACTION NO. 05-281.
January 20, 2011
ORDER
AND NOW, this 20th day of January, 2011, upon consideration of Plaintiff Nationwide Life Insurance Company's Motion in Limine to Exclude the expert report and testimony of Defendant Commonwealth Land Title Insurance Company's expert J. Bush Nielsen (Docket No. 40) and the Response of Defendant Commonwealth Land Title Insurance Company, it is hereby ORDERED that the Motion is GRANTED IN PART and DENIED IN PART as follows:
1. Sections I and II of Mr. Nielsen's Report under the heading "Opinions" shall be excluded as impermissible conclusions of law;
2. The remainder of Mr. Nielsen's Report shall be deemed admissible.
It is so ORDERED.