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Defendant's limine motion in employment cases in general (fed)
CERTIFICATE OF CONFERENCE
On _______________, 20____, counsel for Defendants conferred with ________________, counsel for Plaintiff, regarding Defendants’ Motion in Limine and Brief in Support Thereof. Agreement could not be reached; therefore, it is presented to the Court for a determination.
___________________________________
DEFENDANTS’ MOTION IN LIMINE
AND BRIEF IN SUPPORT THEREOF
TO THE HONORABLE JUDGE OF SAID COURT:
COME NOW Defendants sued individually and as President of _____________________ and files this their Motion in Limine and Brief in Support Thereof and would respectfully show the Court the following:
I.
MOTION IN LIMINE
Defendants respectfully move the Court:
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SENIORITY
Motion: To preclude (a) Plaintiff from introducing evidence of her seniority because such evidence is improper; and (b) Plaintiff’s counsel from making argument concerning seniority because such argument is improper.
Argument: Seniority of employees is irrelevant to Plaintiff’s age discrimination and race discrimination claims. As the Fifth Circuit has stated:
“[S]eniority and age discrimination are unrelated. The ADEA targets discrimination against employees who fall within a protected age group, not employees who have attained a given seniority status.”
Williams v. General Motors Corp., 656 F.2d 120, 130 n.17 (5th Cir. 1981), cert. denied, 455 U.S. 943 (1982) (emphasis added).
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OTHER ACTS OF ALLEGED DISCRIMINATION
Motion: To preclude Plaintiff from introducing evidence of other acts of alleged discrimination, other charges of discrimination or other suits alleging discrimination because (a) such evidence is irrelevant and (b) the probative value of such evidence is outweighed by the danger of unfair prejudice and confusion of the issues and considerations of undue delay and waste of time. Fed. R. Evid. 403.
Argument: Evidence of other acts of alleged discrimination, other charges of discrimination or other suits alleging discrimination are irrelevant to the issue of whether Defendants intended to discriminate against Plaintiff when her position was eliminated. Schrand v. Federal Pacific Electric Company, 851 F.2d 152, 156 (6th Cir. 1988). Alternatively, the probative value of such evidence, if any, is outweighed by the danger of unfair prejudice and confusion of the issues and considerations of undue delay and waste of time. Fed. R. Evid. 403.
Defendants could be severely prejudiced by evidence of other acts of alleged discrimination because the jury may infer discriminatory intent from such acts when they are not probative of the intent of the persons who eliminated Plaintiff’s position as area data processing specialist in the area 7 branch office. Cooper v. Federal Reserve Bank of Richmond, 104 S.Ct. 2794, 2799 (1984) (“Proving isolated or sporadic discriminatory acts by the employer is insufficient to establish a prima facie case of a pattern or practice of discrimination; rather it must be established by a preponderance of the evidence that `[age] discrimination was the company’s standard operating procedure--the regular rather than the unusual practice.”). Likewise, the jury may easily become confused concerning the issues it must decide when confronted with evidence of other acts. This is particularly true in this case because Plaintiff has never plead that Defendants engaged in a pattern or...
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- Trial
- Defendant's jury instructions & questions: sex discrimination, retaliation and FLSA violations (fed.)
- Unopposed/opposed motion and brief for use of juror questionnaire (state & fed)
- Order granting use of juror questionnaire (state & fed)
- Direct examination outline: defendant's H.R. Manager
- Direct examination outline: plaintiff's economist in employment (and personal injury) cases
- Juror questionnaire for use by defendant in employment case (state and federal)
- Trial brief: evidence of similar incidents is relevant and admissible
- Plaintiff's limine motion in employment cases in general (state)
- Defendant's limine motion in employment cases in general (fed)
- Plaintiff's jury instructions and jury charge: whistleblower case (State Court)
- Defendant's limine motion for employment cases involving AGE/RACE (FED)
- Defendant's proposed questions and instructions to the jury and memorandum of law: age (reduction in force) and race discrimination case (federal court)
- Brief in support of motion to strike and objections to testimony of fact witnesses (FED)
- Motion to strike witnesses
- Defendant's proposed voir dire questions for judge in age, race & rif cases (fed & state)
- Sample jury charge-non-compete case
- Defendant's trial brief: F.I., breach of contract, handbook, mitigation
- Stipulation: plaintiff's reasonable & necessary attorney's fees
- Stipulation: plaintiff's damages
- Defendant's proposed voir dire: age, race (fed.)
- Defendant's requested jury instructions and written interrogatories
- Juror personal history questionnaire
- Plaintiff's motion in limine - gender discrimination case - state court
- Stipulation: corporation assumes liability, if any, for subsidiary or related companies in dispute involving current or former employee (state/federal)
- Direct: treating psychologist for plaintiff
- Plaintiff's jury demand
- Order on motion to strike witnesses and objections to fact witnesses (fed)
- Plaintiff's requested jury instructions and questions - gender discrimination and breach of contract
- Juror Questionnaire - Gender Discrimination and Breach of Contract
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