§Why CasetextPricing

"The Apple iPod iTunes Anti-Trust Litigation"

MOTION in Limine Nos. 4, 5, and 6

35 Cited authorities

  1. Somers ex rel. Herself v. Apple, Inc.

    729 F.3d 953 (9th Cir. 2013)   Cited 632 times   2 Legal Analyses
    Holding that plaintiff's theory was "implausible in the face of contradictory . . . facts alleged in her complaint"

  2. Illinois Tool Works Inc. v. Independent Ink, Inc.

    547 U.S. 28 (2006)   Cited 233 times   19 Legal Analyses
    Holding that separate markets existed for software and hardware even when they were always bundled together

  3. U.S. v. Microsoft Corp.

    253 F.3d 34 (D.C. Cir. 2001)   Cited 521 times   19 Legal Analyses
    Holding that district courts are not required to conduct evidentiary hearings prior to issuing relief in civil cases when "there are no disputed factual issues regarding the matter of relief

  4. Bailey v. Allgas, Inc.

    284 F.3d 1237 (11th Cir. 2002)   Cited 360 times
    Holding that a "market share at or less than 50% is inadequate as a matter of law to constitute monopoly power"

  5. U.S. v. Curtin

    489 F.3d 935 (9th Cir. 2007)   Cited 192 times   3 Legal Analyses
    Holding that fictional "stories containing graphic descriptions of sexual acts with minors" were admissible to refute entrapment defense and to prove intent where defendant was the subject of an Internet sting operation in which an FBI agent posed as a minor

  6. United States v. Sine

    483 F.3d 990 (9th Cir. 2007)   Cited 129 times   2 Legal Analyses
    Holding that the government's use during cross-examination of factual findings from a prior judicial order was improper because "jurors are likely to defer to findings and determinations relevant to credibility made by an authoritative, professional factfinder rather than determine those issues for themselves," but explaining that "[o]ur determination . . . does not mean that admission of such facts will always fail the balancing test of Rule 403."

  7. Duran v. City of Maywood

    221 F.3d 1127 (9th Cir. 2000)   Cited 98 times
    Finding marginally probative value of subsequent act by police officer substantially outweighed by the danger of unfair prejudice

  8. Blue Cross Blue Shield v. Marshfield Clinic

    65 F.3d 1406 (7th Cir. 1995)   Cited 103 times   1 Legal Analyses
    Holding that insurance companies had standing, as the "direct purchaser," to maintain an antitrust suit

  9. O.S.C. Corp. v. Apple Computer, Inc.

    792 F.2d 1464 (9th Cir. 1986)   Cited 131 times
    Holding that "[dealer] complaints followed by termination are not enough to provide sufficient proof of an antitrust conspiracy"

  10. Coursen v. A.H. Robins Co., Inc.

    764 F.2d 1329 (9th Cir. 1985)   Cited 116 times   1 Legal Analyses
    Holding that the party forfeited its right to appeal a motion in limine to exclude certain evidence after the party's counsel elicited such evidence on direct examination

  11. Rule 403 - Excluding Relevant Evidence for Prejudice, Confusion, Waste of Time, or Other Reasons

    Fed. R. Evid. 403   Cited 23,110 times   85 Legal Analyses
    Adopting a similar standard, but requiring the probative value to be "substantially outweighed" by these risks

  12. Rule 404 - Character Evidence; Other Crimes, Wrongs, or Acts.

    Fed. R. Evid. 404   Cited 17,057 times   66 Legal Analyses
    Recognizing that even uncharged similar acts can be probative of a defendant's intent and knowledge concerning charged offenses

  13. Rule 401 - Test for Relevant Evidence

    Fed. R. Evid. 401   Cited 13,776 times   36 Legal Analyses
    Noting that evidence is relevant if it has any tendency to make a material fact more or less probable

  14. Rule 402 - General Admissibility of Relevant Evidence

    Fed. R. Evid. 402   Cited 6,879 times   12 Legal Analyses
    Stating that relevant evidence is generally admissible at trial

  15. Rule 701 - Opinion Testimony by Lay Witnesses

    Fed. R. Evid. 701   Cited 5,853 times   27 Legal Analyses
    Governing testimony of lay witnesses

  16. Rule 703 - Bases of an Expert's Opinion Testimony

    Fed. R. Evid. 703   Cited 4,861 times   27 Legal Analyses
    Explaining that facts or data of a type upon which experts in the field would reasonably rely in forming an opinion need not be admissible in order for the expert's opinion based on the facts and data to be admitted

  17. Rule 802 - The Rule Against Hearsay

    Fed. R. Evid. 802   Cited 3,943 times   12 Legal Analyses
    Recognizing federal statutes, the Federal Rules of Evidence, or Supreme Court rules as sources for exceptions to the rule against hearsay

  18. Rule 104 - Preliminary Questions

    Fed. R. Evid. 104   Cited 3,389 times   13 Legal Analyses
    Noting that, in making preliminary determinations relevant to admissibility, "the court is not bound by evidence rules, except those on privilege"