12 Cited authorities

Piedra v. Dugan
123 Cal.App.4th 1483 (Cal. Ct. App. 2004) Cited 174 times
Holding that order granting in limine motion was harmless error because the evidence was directed to an issue the jury never reached
Jones v. Otis Elevator Co.
861 F.2d 655 (11th Cir. 1988) Cited 270 times
Holding relevant testimony from expert is admissible only if the expert knows of facts which enable him to express a reasonably accurate conclusion as opposed to conjecture or speculation
United States v. Rosenthal
793 F.2d 1214 (11th Cir. 1986) Cited 230 times 1 Legal Analyses
Holding that district court did not err by limiting evidence of, and not failing instructing jury on, public authority defense based on alleged instructions from CIA officials, who lack power to authorize violations of federal law, because "a defendant may only be exonerated on the basis of his reliance on real and not merely apparent authority"
Graves v. United States
150 U.S. 118 (1893) Cited 331 times 1 Legal Analyses
Finding "missing witness" inference instruction improper absent showing that witness is peculiarly available to party against whom inference is to be drawn
Latin American Music Co. v. Ascap
593 F.3d 95 (1st Cir. 2010) Cited 14 times
Describing the missing-witness instruction and the considerations for a district court in whether to deliver one
Brown v. Arco Petroleum Products Co.
195 Ill. App. 3d 563 (Ill. App. Ct. 1989) Cited 19 times
In Brown, 195 Ill. App. 3d at 572, this court found "that the record fails to provide a basis for the jury's $2 million award," where "the errors occurring at trial may have resulted in the jury's allocation of only ten percent comparative negligence to decedent."
ROYALE GREEN CONDOMINIUM ASSOCIATION, INC. v. ASIC
Case No.: 07-CIV-21404 COOKE/BANDSTRA (S.D. Fla. Jul. 24, 2009)
Case No.: 07-CIV-21404 COOKE/BANDSTRA. July 24, 2009 ORDER GRANTING DEFENDANT'S MOTION IN LIMINE TO EXCLUDE UNIT OWNER "STATEMENTS OF HURRICANE DAMAGE" EXCEPT WHERE THE PERSON WHO MADE SAID STATEMENT HAS BEEN DEPOSED AND IS AVAILABLE FOR TRIAL TESTIMONY MARCIA COOKE, District Judge THIS MATTER is before me on Defendant's Motion in Limine to Exclude Unit Owner "Statements of Hurricane Damage" Except Where the Person Who Made Said Statement Has Been Deposed and Is Available for Trial Testimony [D.E
Slaven v. BP America, Inc.
958 F. Supp. 1472 (C.D. Cal. 1997) Cited 10 times
In Slaven the court faced a situation where (1) both state and federal claims are asserted in a single action, (2) the state provides a settlement statute that applies a pro tanto credit approach that bars contribution claims, and (3) the state statute and federal rule vary significantly.
United States v. Hickerson
732 F.2d 611 (7th Cir. 1984) Cited 10 times
No. 83-2105. Argued January 13, 1984. Decided April 26, 1984. F. Donald Heck, Jr., Pollock, Ennis Heck, Quincy, Ill., for defendant-appellant. Larry A. Mackey, U.S. Atty., Springfield, Ill., for plaintiff-appellee. Appeal from the United States District Court for the Central District of Illinois. Before CUMMINGS, Chief Judge, and ESCHBACH and FLAUM, Circuit Judges. ESCHBACH, Circuit Judge. A jury found Robert Hickerson guilty on one count of converting union funds and on one count of conspiring to
LABIT v. SANTA FE MARINE, INC
526 F.2d 961 (5th Cir. 1976) Cited 7 times
Suggesting that the negative inference arises when the missing witness is an employee whose testimony would favor the employer-party
Section 877 - Effect of release, dismissal or covenant not to sue or enforce judgment to one or more of joint tortfeasors
Cal. Code Civ. Proc. § 877 Cited 607 times 4 Legal Analyses
Providing that the plaintiff's claims against the other defendants are to be reduced by "the amount stipulated by the release, the dismissal or the covenant, or in the amount of the consideration paid for it, whichever is the greater."

IN RE: Trasylol Products Liability Litigation

12 Cited authorities

Holding that order granting in limine motion was harmless error because the evidence was directed to an issue the jury never reached

Holding relevant testimony from expert is admissible only if the expert knows of facts which enable him to express a reasonably accurate conclusion as opposed to conjecture or speculation

Finding "missing witness" inference instruction improper absent showing that witness is peculiarly available to party against whom inference is to be drawn

Describing the missing-witness instruction and the considerations for a district court in whether to deliver one

In Brown, 195 Ill. App. 3d at 572, this court found "that the record fails to provide a basis for the jury's $2 million award," where "the errors occurring at trial may have resulted in the jury's allocation of only ten percent comparative negligence to decedent."

In Slaven the court faced a situation where (1) both state and federal claims are asserted in a single action, (2) the state provides a settlement statute that applies a pro tanto credit approach that bars contribution claims, and (3) the state statute and federal rule vary significantly.

Suggesting that the negative inference arises when the missing witness is an employee whose testimony would favor the employer-party

Providing that the plaintiff's claims against the other defendants are to be reduced by "the amount stipulated by the release, the dismissal or the covenant, or in the amount of the consideration paid for it, whichever is the greater."