Speck v. 3M Company

Background

This pretrial order governed the planned jury trial involving the remaining defendants, Bath Iron Works Corp. and Metalclad Insulation LLC. The court scheduled jury selection and the start of trial for 9:00 a.m. on July 11, 2024.

Motions in Limine

A motion in limine is a request to decide before trial whether particular evidence or testimony may be presented to the jury.

The court ruled as follows:

- Metalclad’s motion to exclude workers’ compensation records was granted under Federal Rules of Evidence 402 and 403. - Bath Iron Works’ motions to limit the testimony of Dr. Horn and Dr. Staggs were granted in part. No expert may testify that all asbestos exposures above background levels are a substantial factor in causing asbestos-related diseases. The court also stated that it would conduct a qualifying examination of an expert outside the jury’s presence when warranted. - Bath Iron Works’ motion to exclude Dr. Francis Burger was granted in part. If a defendant opened the door to testimony about whether shipbuilders had a duty to warn about asbestos dangers or could issue such warnings, the plaintiffs could offer Dr. Burger’s responsive opinions. - Bath Iron Works’ motion to limit John Speck’s speculative testimony was denied as vague and overbroad. The court allowed specific objections during trial. - Bath Iron Works’ motion to preclude evidence of non-pecuniary damages was denied. The court stated that the motion was a dispositive motion rather than a proper motion in limine and violated the court’s standing order on civil jury trials. The court also stated that state-law remedies had not been displaced by statute. - Bath Iron Works’ motion requesting a bench trial was denied. The court concluded that Bath Iron Works had consented to a jury trial through its conduct, including failing to object to jury demands and trial schedules and filing joint jury instructions. The court also noted that Metalclad had demanded a jury trial.

Trial Schedule and Limits

Each side was allowed up to 15 hours of trial time, excluding opening statements and closing arguments. Each side could have up to 30 minutes for opening statements and 45 minutes for closing arguments. Trial days were generally Monday through Thursday, from 9:00 a.m. to 2:30 p.m., with two 15-minute breaks.

Jury Selection and Trial Procedures

The court expected to seat seven jurors. Each side would have three peremptory challenges. The court directed the parties to submit a neutral, one-paragraph statement of the case for prospective jurors and said it would conduct questioning based on the parties’ proposals and its own questions.

Jurors could take notes and ask written questions during trial. The court ordered witnesses excluded from the courtroom under Federal Rule of Evidence 615, except for party corporate representatives. The order addressed witness disclosures, witness examinations, expert testimony, video appearances, exhibits, jury notebooks, objections, and other courtroom procedures. No motions could be filed during trial without the court’s prior permission.

The parties were directed to file a joint set of proposed jury instructions by June 26, 2024.

Disposition and Classification

The order was a procedural pretrial order. It ruled on several evidentiary and trial-management motions but did not decide the parties’ underlying claims or defenses. The court granted, granted in part, or denied the specified motions as described above.