September 29, 2020 Articles

Know Your Risks: Limiting or Eliminating Damages Through In Limine Requests

Understand how your court treats the intersection of summary judgment motions and motions in limine.

By Anastasia L. McCusker and Daniel J. Zeller

Reminiscent of the characters in Ocean’s Eleven, though perhaps not as entertaining, motions in limine are multifarious filings that usually seek pretrial evidentiary rulings. Sometimes in limine requests go too far and are viewed as improperly usurping the role of dispositive motions. When it comes to limiting or eliminating damages through an in limine request, know your risks.

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