Understand the purpose of motions in limine and the proper uses and responses to such motions.
Motions in limine are procedural tools for excluding inadmissible or prejudicial evidence before trial. Their purpose is to promote judicial efficiency and fairness by expediting trial, avoiding prejudicial questions, and excluding irrelevant evidence and objections. They were not intended to supplant dispositive motions, such as those for summary judgment or judgment on the pleadings. But it is becoming increasingly common for litigators to use motions in limine without understanding why they are useful or the proper procedure for filing them.
This topic will explain the purposes of motions in limine and how they are misused on a regular basis. This content will help litigants understand how motions in limine work and what strategic considerations are involved in seeking or responding to such motions. This topic will also explain when and how to use motions in limine and when and how to oppose them. This information is critical for litigators who want to take full advantage of these impactful, procedural tools.
Agenda
Faculty
Rex S. Heinke
Complex Appellate Litigation Group LLP
- Partner at Complex Appellate Litigation Group LLP
- Has extensive experience in copyright, trademark, right of publicity, cyberspace/Internet, defamation, invasion of privacy, advertising, high technology, media, and entertainment law matters
- Has been listed in Best Lawyers in America, Euromoney Publication’s Guide To The World’s Leading Experts In Trademark Law, the Los Angeles Business Journal’s Who’s Who In Law, and Chambers USA: America’s Leading Business Lawyers
- Has litigated cases including Greenwich Workshop v. Timber Creations (copyright infringement by derivative works), New Kids On The Block v. News America Publishing (trademark/right of publicity), Carver v. Paramount Pictures (implied contract and copyright claims), Sega v. Accolade (reverse engineering of computer software), Los Angeles Times & Washington Post v. Free Republic (copyright infringement on the Internet), CurtCo Freedom Group v. Stereophile (trade dress in a magazine cover), and Newcombe v. Infogrames (right of publicity)
- Has lectured and written on these issues for a variety of groups, including the American Bar Association’s Intellectual Property Committee, the U.S.C. Entertainment Law Institute, the Los Angeles County Bar Association’s Intellectual Property and Entertainment Law Symposium, the Practising Law Institute, and the Duke and University of Oregon Law schools
- Author of Media Law published by BNA (a leading treatise on the legal problems of the media)
- Served as president of the Los Angeles Bar Association and the Los Angeles Copyright Society, and he has served as a member of the California Judicial Council and the Board of Governors of the California State Bar
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