16
Feb/12

You Can't Say They Stole


From a patent case:

Defendants move to prevent [plaintiff] from using pejorative terms or phrases at trial. Specifically, Defendants contend that [plaintiff] is likely to repeat allegations that she has made in the press that [defendants] “stole” her bra. Courts may prohibit the use of pejorative terms under FRE 403 “when such categorizations [are] inflammatory and unnecessary to prove a claim.” Aristocrat Leisure v Deutsche Bank Trust, no 045 Civ 10014 (PKL), 2009 WL 3111766 at *7 (SDNY sept 28, 2009) (prohibiting use of the term ‘tax haven”); AIA Holdings v Lehman Bros, no 97 civ 4978(LMM), 2002 WL 31655287 at *2-3 (SDNY Nov 21 2002) (prohibiting use of the phrase ‘rat trading’).  The Court agrees that characterizing [defendants’] actions as ‘stealing’ risks prejudicing the jury and will not aid in its finding facts.

Plew v Limited Brands, et. al., 08 civ 3741 (LTS)(MHD) (SDNY Feb 6, 2012)

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