AXIALL CORPORATION v. DESCOTE S.A.S. et al
| AXIALL CORPORATION |
| DESCOTE S.A.S. and AMERICAN RAILCAR INDUSTRIES, INC. |
| DESCOTE S.A.S. |
| AMERICAN RAILCAR INDUSTRIES, INC. |
| 2:2015cv00250 |
| February 24, 2015 |
| US District Court for the Western District of Pennsylvania |
| Pittsburgh Office |
| XX US, Outside State |
| Joy Flowers Conti |
| Other Contract |
| 28 U.S.C. ยง 1441 |
| Both |
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Filing
338
MEMORANDUM OPINION granting Axialls motion for partial summary judgment against descote (ECF No. 268 ); (2) granting in part and denying in part descotes motion for summary judgment against Axiall (ECF No. 272 ) granting as to Axialls misrepresent ation claims and denying in all other respects; (3) granting ARIs motion for summary judgment (ECF No. 276 ) as to descotes cross-claims against it; (4) and granting ARIs motion for partial summary judgment (ECF No. 278 ) as to Axialls implied warranty claims against it. The Court will also dismiss ARIs cross-claims against descote. Signed by Magistrate Judge Lisa Pupo Lenihan on 1/30/2018. (jmb)
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Filing
331
MEMORANDUM OPINION & ORDER : The Court hereby adopts the Report and Recommendations of the Special Master, ECF No. 298 , as the opinion of the Court, with the clarification that descote may not offer evidence that Axiall should have implemented a ma nagement of change process or that it is industry standard to do so. It may offer evidence that Axiall did not implement such a process, as that is relevant to mitigation of damages, to which Axiall may appropriately respond. The Court rules on the p ending motions as follows: The Court GRANTS in part and DENIES in part Axialls Motion in Limine to Preclude Arguments and Evidence Contrary to the Trial Courts Order and Memorandum Opinion dated June 16, 2017, as set forth above, ECF No. 152 . The C ourt DENIES Axialls Motion in Limine to Preclude Defendant descote S.A.S.s Argument that Compliance with the Recommendations and/or Guidelines of the Association of American Railroads and/or the Chlorine Institute, Inc. is a Defense to Plaintiffs Cla ims, ECF No. 154 . The Court DENIES Axialls Motion in Limine to Preclude the Admissibility of the Written Warranty Between descote S.A.S. and FC Tech, LLC, ECF No. 158, however, Axiall may renew this motion in limine if necessary after the Court rul es on the summary judgment motion pending at ECF No. 272 . The Court GRANTS in part and DENIES in part descotes Motion in Limine to Preclude Argument that descote Owes Punitive Damages to Axiall, ECF No. 164 ; The Motion is GRANTED as it relates to Axialls misrepresentation claim without prejudice to allow Axiall the opportunity to attempt to establish a factual basis at trial to support a punitive damages award and DENIED as moot as it relates to Axialls warranty claims. The Court GRANTS in p art and DENIES in part descotes Motion in Limine to Exclude Evidence or Argument that the Association of American Railroads Improperly Approved descotes Manual Dual Angle Valve, ECF No. 168 ; the Motion is GRANTED to the extent it seeks to preclude Mr. Sharma from testifying about (i) whether any of the regulations or standards established by the entities in question were satisfied or violated by descote in this case; and (ii) what the AAR would or should have done regarding the descote manual dual angle valve under different factual circumstances; and DENIED as moot as it relates to the issue of alleged improper conduct on the part of the AAR. the Motions in Limine at ECF Nos. 156 and 174 are DISMISSED as having been withdrawn by the parties. Signed by Magistrate Judge Lisa Pupo Lenihan on 12/01/2017. (jmb)
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Filing
141
OPINION setting forth the reasons the Motion to Preclude the Proffered Expert Testimony of Graeme Norval 86 will be GRANTED IN PART and the Motion to Exclude Certain Testimony of Plaintiffs Expert Mark Gleason and Gleason & Associates 89 will be GRANTED. See also 135 . An appropriate order will be entered. Signed by Chief Judge Joy Flowers Conti on 6/16/17. (kjm)
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Filing
68
OPINION setting forth the reasons the partial motion for summary judgment 47 will be GRANTED in PART and DENIED in PART. An appropriate order will be entered. Signed by Chief Judge Joy Flowers Conti on 6/28/16. (kjm) Modified on 6/28/2016 to add " 47 ". (kjm)
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