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Leavitt Documents


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NEWSFLASH - You don't need to file a motion in limine because mediations are already confidential.

Leavitt's attorney had the opportunity to get Leavitt a settlement and he didn't do it. Mangino's did. There's nothing legally shocking or noteworthy to it. It's potentially stupid and career-limiting, but there's no special legal twisting that needs to be done for a plaintiffs attorney to do stupid things.

Perhaps you don't need a motion in limine, but I have seen dozens of motions in limine which specifically request the court prevent any witness or attorney from mentioning the fact that mediation even took place, never mind mentioning anything that was said in mediation. Parties, especially the defense, don't want the fact that mediation took place mentioned because a jury may mistakenly assume that a party is willing to settle. I was responding to your statement:

That a mediation occurred tells me the school was willing to settle and put the matter behind them

Perhaps the school is willing to settle, but the mere fact that a case went to mediation does not indicate that any of the parties are willing to settle. Your assumption is exactly why the mention of a mediation is put into a motion in limine.

Edited by Smitty
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