Jowers v. Airgas-Gulf States, Inc.

1:08-cv-00036 | S.D. Miss. | Jan 28, 2008

Case 1:08-cv-00036-HSO-JMR Document 354 Filed 01/28/08 Page 1 of 4

07wf17010a-Ord(Pretrial Motions).wpd UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION ROBERT JOWERS, et al., : : Case No. 07-WF-17010 Plaintiffs, : (a/k/a Case No. 06-CV-01187 (S.D. Miss.)) : v. : JUDGE O’MALLEY : LINCOLN ELECTRIC CO., et al., : MEMORANDUM AND ORDER : Defendants : On January 23-24, 2008, the Court held hearings on the record on the pretrial motions filed in this case, and entered rulings on those motions. This Order documents those rulings, solely for the purpose of ensuring the docket no longer shows the motions as pending. For the reasons and to the extent stated on the record, and with the conditions and caveats there explained, the Court ruled as follows: [1] Dkt. 99 Defendants’ Motion in Limine to Exclude Testimony of Charles Ruth is denied without

prejudice . Dkt. 189 Defendants’ Motion to Exclude Longo’s Testimony is denied as moot . Dkt. 190 Defendants’ Motion to Exclude Testimony of Various Experts is granted in part . Dkt. 226 Defendants’ Motion to Exclude Testimony of David Owens is granted in part as

unopposed . Dkt. 260 Defendants’ Motion to Exclude Evidence of Earlier Opposition to Court-Ordered Epi- Case 1:08-cv-00036-HSO-JMR Document 354 Filed 01/28/08 Page 2 of 4 Study is granted as unopposed . Dkt. 261 Defendants’ Motion to Exclude Evidence of Warnings Used after Jowers’ Last Exposure is granted without prejudice . Dkt. 262 Defendants’ Motion to Exclude Evidence of Prior Court Orders is granted as unopposed. Dkt. 263 Defendants’ Motion to Exclude References to Tobacco and Asbestos Industries is granted

in part . Dkt. 264 Defendants’ Motion to Exclude Evidence of Settlement of other WF Claims is granted as unopposed . Dkt. 265 Defendants’ Motion to Exclude Reference to Companies not involved in Jowers is denied . Dkt. 266 Defendants’ Motion to Exclude Evidence of Denials of Requests for Admission is granted

as unopposed . Dkt. 267 Defendants’ Motion to Exclude Plaintiffs’ Animations is granted in part . Dkt. 268 Defendants’ Motion to Exclude References to Hardsurfacing is denied . Dkt. 270 Defendants’ Motion to Exclude Evidence of Lobbying Activity is granted in part and

denied in part . Dkt. 272 Defendants’ Motion to Exclude Testimony from Richard LaFave re: AWS Conspiracy is denied . Dkt. 273 Defendants’ Motion for Jury View of Ingalls Shipyard, or to allow Photos/Video of Ingalls Shipyard is denied . Dkt. 274 Defendants’ Motion to Exclude Evidence of “Other Claims,” including Tamraz verdict is granted in part and denied in part . Dkt. 278 Defendants’ Motion to Exclude Evidence of Jowers’ 2003 Serum Manganese Testis denied . Dkt. 279 Defendants’ Motion to Exclude Evidence of David Jowers & Shanell Foster’s Medical Conditions is granted as unopposed . Dkt. 280 Defendants’ Motion to Exclude Testimony of David Burns is granted in part and denied in part . Dkt. 281 Defendants’ Motion to Exclude Testimony of Robert Cunitz is granted in part and denied Case 1:08-cv-00036-HSO-JMR Document 354 Filed 01/28/08 Page 3 of 4 in part . Dkt. 282 Defendants’ Motion to Exclude Evidence Unrelated to Failure to Warn Claims is denied . Dkt. 283 Defendants’ Motion to Exclude Testimony of Tom Christiansen is denied . Dkt. 242 Jowers’ Motion to Exclude Testimony of Experts Thomas & Schimmel is denied as moot . Dkt. 243 Jowers’ Motion to Exclude Evidence of Family Member’s Health Conditions is granted

as unopposed . Dkt. 244 Jowers’ Motion to Exclude Evidence re: Follow-Up Rule 35 Physical Exam is denied in part. Dkt. 246 Jowers’ Motion to Exclude Evidence of Kahane’s Wife is granted as unopposed . Dkt. 247 Jowers’ Motion to Exclude Evidence of Lawyer Advertising is granted as unopposed . Dkt. 248 Jowers’ “General” Omnibus Motion in limine is granted in part and denied in part . Dkt. 249 Jowers’ Motion to Exclude Evidence of “Other Causes” of his Parkinsonism is granted in

part and denied in part . Dkt. 250 Jowers’ Motion to Exclude Evidence of Child Support Litigation is granted as unopposed . Dkt. 251 Jowers’ Motion to Exclude Evidence of Criminal Record / Driving Record is granted as unopposed . Dkt. 252 Jowers’ Motion to Exclude Evidence of Ethnic Slur is granted as unopposed . Dkt. 253 Jowers’ Motion to Exclude Evidence of Screenings & Accelerometry is granted as

unopposed . Dkt. 254 Jowers’ Motion to Exclude Evidence of Danish & Swedish Studies is denied . Dkt. 255 Jowers’ Motion to Exclude Evidence of Lack of PET Scan is denied .

Case 1:08-cv-00036-HSO-JMR Document 354 Filed 01/28/08 Page 4 of 4 Dkt. 331 Jowers’ Motion to Exclude Certain Testimony by Dr. Brent Furbee is granted .

IT IS SO ORDERED.

/s/ Kathleen M. O’Malley KATHLEEN McDONALD O’MALLEY

UNITED STATES DISTRICT JUDGE

DATED : January 28, 2008

NOTES

[1] All denials of motions regarding admissibility of testimony are without prejudice to the parties’ right to raise appropriate objections at trial and on appeal. This Order merely documents the Court’s rulings in highly simplified fashion; the full contours of the Court’s rulings were set out on the record during the hearing, and during previous hearings in this MDL.