Motion,Ex Parte: JOYCE JUELCH, ET AL VS. ASBESTOS DEFENDANTS (B/P)AS REFLECTED ON EXHIBITS et al

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MCKENNA LONG é&
ALDRIDGE LLP
ATTORNEYS AT Law
SAN FRANCISCO

LISA L. OBERG (BAR NO. 120139)
DANIEL B. HOYE (BAR NO. 139683)
ALECIA E. COTTON (BAR NO. 252777)
MCKENNA LONG & ALDRIDGE LLP
101 California Street

41st Floor

San Francisco, CA 94111

Telephone; (415) 267-4000

Facsimile: (415) 267-4198

Attorneys for Defendant

ELECTRONICALLY
FILED

Superior Court of California,
County of San Francisco

APR 13 2010

Clerk of the Court
BY: CHRISTLE ARRIOLA
Deputy Clerk

METALCLAD INSULATION CORPORATION

SUPERIOR COURT OF THE STATE OF CALIFORNIA

COUNTY OF SAN FRANCISCO

JOYCE JUELCH and
NORMAN JUELCH, SR.,

Plaintiffs,
v.
ASBESTOS DEFENDANTS, (BP), ef a/.,
Defendants.

Case No. CGC-09-275212

INDEX OF Motions In Liane For
DEFENDANT METALCLAD INSULATION
CORPORATION

TRIAL DATE: APRIL 5, 2010

Depr: 604
JUDGE: TIONORABLE Mara J. MILLER

PLEASE TAKE NOTICE that the following Motions / Limine have been lodged in the

above-captioned Court on behalf of Defendant Metalclad Insulation Corporation in the above-

entitled matter of Joyce Juelch and Norman Juelch, Sr. v. Asbestos Defendants, (BP), et al.

INDEX OF MOTIONS IN LIMINE FOR DEFENDANT METALCLAD INSULATION CORPORATION28

MCKENNA LONG &
ALpRioce LLP

DEFENDANT’S INDEX OF TRIAL BRIEFS, MOTIONS IN Limitne AND
OPPOSITIONS TO PLAINTIFFS’ MOTIONS [N EIMINE

‘ Stipulated __
Withdrawn
To Be Heard __
Defer __
Stipulated _
Withdrawn
To Be Heard
Defer __

Stipulated __
Withdrawn
To Be Heard __
Defer _

Stipulated __

_ Withdrawn
{To Be Heard
Defer

Stipulated __
Withdrawn
‘To Be Heard
Defer

Stiputated
Withdrawn
‘fo Re Heard __
Defer
Supulated __
Withdrawn
To Be Heard __
Defer__
Stipulated _
Withdrawn __
‘To Be Heard
Defer

Stipuiated
Withdrawn
To Be Heard _
Defer __
Stipulated __
Wilhdrawn
To Be Heard __
Deter

MiL 1 Defendant’s Joinder In Motions Jn Limine And Oppositions
‘To Motions Jz Limine Filed By All Other Defendants Herein

Defendant’s Motion Jn Limine For Protective Order Re Its

; MiL2
ij Financial Condition
MiL3 Defendant’s Motion /n Limine For Pre-Disclosure Of Live

Witnesses, Witness Transcripts And Documents Prior To
Presentation At Trial

Defendant’s Motion Jn Limine To Exclude Documents and
Witnesses Not Disclosed During Discovery

Defendant’s Motion Jn Limine Concerning Publication of
Exhibits To The Jury

Defendant’s Motion In Limine To Exclude Evidence Of
“Concert Of Action” Among Defendants

Defendant’s Motion fz Limine To Exclude Personal Opinions
And Beliefs Of Counsel

Defendant's Motion in Limine To Limit Damages For
Medical Expenses To Those Actually Incurred Under Hanif’
and Nishihama

Defendant’s Opposition To Plaintiffs’ Motion Jn Limine
‘To Preclude Examination Of Expert Witnesses Regarding
Proximate Cause

Defendant’s Motion Ja Limine ‘'o Disclose Amounts, Sources
: And Dates Of All Previous Settlements

-2-

ATTORNEYS AT LAW
San Francisco.

SF:2741 8808 2

INDEX OF MOTIONS iN LIMINE FOR DEFENDANT METALCLAD INSULATION CORPORATIONoO YN A WA RB BW em

won me So

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MCKENNA LONG &
ALDRIDGE LLP.
ATTORNEYS AT Law
SAN FRANCISCO

Withdrawn __
“To Be Heard __
Defer

Stipulated
Withdrawn _
‘To Be Heard __
Defer

Stipulated _
Withdrawn __

To Be Heard _
Defer _

Stiputated _
Withdrawn
To Be Heard _

| Stipulated
Withdrawn
To Be fleard
Deter
| Stipulted _
Withdewn
| teBe Head _
Defer
Stipulated _
Withdrawn
Yo Be Heard _
Defer

Stipulated __
Withdrawn
‘To Be Heard _
Defer

Stipulated __

| Withdrawn
‘To Be Heard _
Defer

Stipufated
Withdrawn __
To Be Heard __
| + Defer

Stipulated

Defendant’s Motion In Limine To Exclude Common

MiL 11
: Reference To Companies Or Defendants As “The Industry”
: Or “The Asbestos Industry”
| MiL 12. Defendant’s Motion Jn Limine To Exclude Evidence Of

Similar Pending Actions and The Admissibility Of Evidence
Of Other “Asbestos” Lawsuits and Verdicts

:MiL 13 Defendant’s Motion Jn Limine To Exclude Mention Or
: Evidence Of Defendant’s Insurance Coverage

: MiL 14 — Defendant's Motion /# Limine To Exclude Mention Or
1 Evidence Concerning Bankruptcy Of Entity In Asbestos
Stream Of Commerce

| MiL15 Defendant's Motion In Limine To Exclude Mention Or

i Reference Concerning Absence Of Corporate Representative
At Trial

-MiL 16 Defendant’s Opposition To Plaintiff's Motion In Limine

/ To Preciude All Reference And Testimony Regarding

i Ostensible “Background” Or “Ambient” Exposure To

Asbestos

we vt cate ao woe

| MiL 17 Defendant’s Motion in Limine To Preclude Lay Opinion On

Whether Products Released Asbestos Fibers

_MiL 18 Defendant’s Motion Jn Limine To Exclude Medical Case
| Reports

|
MiL 19 Defendant’s Motion Jn Limine To Exclude Documents Dated
: After Plaintiff Joyce Juelch’s Last Alleged Exposure To

Asbestos

Defendant’s Motion Jn Limine To Exclude The Testimony Of
Caro] McDonald Or, In The Alternative, For A Hearing Under
| Evidence Code $402

MiL 20

dos _ ee ee

-3-

SF:27418808.2

INDEX OF MOTIONS IN LIMINE FOR DEFENDANT METALCLAD INSULATION CORPORATION28

McKenna LONG &
ALDRIDGE LLP
ATTORNEYS AT LAW
San FRANCISCO.

Stiputated

Withdrawn __
To Be Heard
Defer __

Stipulated

Withdrawn __
‘To Be Heard _
Defer

Stiputated __
Withdrawn __
To Be Heard _
Defer

Stipulated __
Withdrawn
Yo Be Heard _
Defer_

Stipulated _
Withdrawn __
‘To Be Heard _
Defer

Stiputated |
Withdrawn ___
‘To Be Heard _
Deter

Stipulated
Withdrawn
To Be Heard __
Defer

Stipulated __
Withdrawn __
To Be Heard _
Defer _
Stipulated __
Withdrawn
To Be Heard _
Defer __

Stipulated __
Withdrawn __
To Be Heard _
Defer_

|

» MiL 24

Defendant’s Motion /n Limine To Exclude Testimony Of
Witness Maurice Lawrence Due To Plaintiffs’ Counsel's
Refusal ‘To Produce Him For Deposition And Declaration In
Support Thereof

Defendant’s Motion Jn Limine To Exclude The Testimony of
Plaintiffs’ Experts’ Generic Testimony

Defendant's Motion Jn Limine To Preclude Misuse Of The

“Substantial Factor” Standard Of Causation

Defendant's Motion /n Limine For An Order Requiring
Plaintiffs ‘fo Produce Their Responses To Co-Defendants’
Written Discovery Requests And Their Oppositions To Co-
Defendants’ Summary Judgment And Other Motions

Defendant’s Trial Brief In Support Of Special Jury Instruction

on Share of Damages

Defendant’s Motion Jn Limine To Preclude Plaintiffs’ Expert
Witnesses From Disclosing Hearsay Opinions Of Others
During Direct Examination

Defendants Motion 1 Limine To Exclude The Testimony Of
Plaintiffs’ Expert Charles Ay

Defendant's Trial Brief Regarding The Admissibility Of
Evidence Related To The Sophisticated User Doctrine And
The Included Sophisticated Intermediary Doctrine

Defendant’s Motion In Limine To Exclude The Testimony Of, ©

Videotapes Produced By, And Experiments Conducted By
Plaintiffs’ Experts, William Longo, Richard Hatfield And
John Templin

Defendant’s Motion In Limine Regarding Jury Instruction On
Apportionment Of Damages Between Cigarette Smoking And
Asbestos Exposure

-4-

© SF.274188082

INDEX OF MOTIONS IN LIMINE FOR DEFENDANT METALCLAD INSULATION CORPORATIONoO Oo WM DH A BRB WD

= 5

28

MCKENNA LONG & |
ALoRiDGE LLP
ATTORNEYS AY Law

i Stipulated

} 0 Withdrawn
‘To Be Heard __
Deter

Suputated

Withdrawn __

To Be Heard _

Defer__

Stipulated _
Withdrawn |
To Be Heard
Defer __

Stipulated __
Withdrawn
To Be Heard _
Defer _
Stipulated __
Withdrawn _
To Be licard
Defer _
Stipulated _
Withdrawa
‘Yo Be Heard __
Defer _

Stipulated __
Withdrawn __
To Be Heard __
Defer
Stipulated __
Withdrawn
‘To Be Heard __
Defer __

Mil 31

| Mil. 32

MiL 33

| MIL 34

i Mil 35

Defendant’s Motion Jn Limine To Exclude Evidence And

Argument Relating To Post-Sale, Or “Continuing,” Duty To
Warn And Post-Sale Conduct Or Knowledge

Defendant’s Motion Jn Limine To Exclude The Testimony Of
Plaintiffs’ Expert Kenneth Cohen

Defendant’s Motion Jn Limine On Admissibility Of State Of
The Art Evidence

Defendant’s Motion Jn Limine To Exclude Testimony Of
Evidence That A Single Fiber Of Asbestos Can Cause Or
increase The Risk Of Asbestos-Related Diseases

Defendant’s Motion In Limine To Exclude The Testimony OF

Plaintiffs’ Expert Dr. Richard Cohen

Defendant’s Motion /a Limine To Strike Plaintiffs’ Strict

Liability Cause Of Action

Defendant’s Motion /x Limine To Exclude Evidence Of

Plaintiff Joyce Juelch’s Exposures As A Result Of Her Own
Employment

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SAN FRANCISCO,

SF:27418868.2

INDEX OF MOTIONS IN LIMINE FOR DEFENDANT METALCLAD INSULATION CORPORATION1 — . : tees tine tani Adalat Resin oath lanes ne ann ne
2 Stipulated __ Mil 39  Defendant’s Motion Jn Limine To Exclude Reference To
Withdrawn : Medical Records Reviewed By Plaintiffs’ Expert Dr. Richard
3 To Be Heard _ Luros After The Conclusion Of His Deposition And His
1 Defer March 9, 2010 Expert Report Based Thereon
5
6 Dated: — April 12, 2010 MCKENNA LONG, & ALDRIDGE LLP
’ —/ AS
By: YT
8 Lisa £. OBERG
DANIEL B. HOYE

9 | ALECIA E, COTTON

10 Attorneys for Defendant,

METALCLAD INSULATION

1 CORPORATION

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McKenna LONC &
AboRIDCE LLP rOe
ATTORNEYS AT LAW INDEX OF MOTIONS IN LIMINE FOR DEFENDANT METALCLAD INSULATION CORPORATION

San FRANCISCO

SF27418808.2