Opinion
11 Civ. 2725 (LGS)
03-29-2022
US AIRWAYS, INC., Plaintiff, v. SABRE HOLDINGS CORP., et al., Defendants
ORDER
LORNA G. SCHOFIELD, District Judge.
WHEREAS, U.S. Airways filed a number of motions in limine in anticipation of trial. It is hereby ORDERED that
1. U.S. Airways' MIL #4 to preclude evidence and argument regarding the timing of U.S. Airways' decision to sue is GRANTED without prejudice to Sabre's motion at trial to permit such evidence in the event that U.S. Airways puts it subjective state of mind at issue.
As before (Dkt. No. 483), the evidence is excluded under Federal Rule of Evidence (“FRE”) 403 because its probative value is slight where the issue is Sabre's conduct and whether Sabre insisted on anti-competitive contractual provisions, and not U.S. Airways' sincerity when it offered alternatives. That probative value is outweighed by a danger of unfair prejudice by portraying U.S. Airways as a bad actor that deceived Sabre during the 2011 negotiations, confusing the issues by focusing on U.S. Airways' motives and undue delay. The balance may change however if U.S. Airways puts at issue its own subjective state of mind, in contrast to the objective impact of Sabre's economic power.
2. U.S. Airways' MIL #5 to preclude evidence and argument regarding alleged airline collusion is GRANTED.
The evidence is excluded under FRE 403. The probative value of this evidence is at best slight on the substantive issues because it is Sabre's and not U.S. Airways' conduct at issue. Nor does the proffered evidence of communications among airlines show alleged bias of witnesses from other airlines, beyond what would be expected from parties with a shared adverse interest against their contractual counterparty, Sabre. Any probative value is outweighed by the confusion of shifting the focus away from Sabre's conduct and onto the U.S. Airways and other airlines and portraying the airlines as trying to “gang up” on Sabre in a manner that is legally irrelevant.
3. By March 31, 2022, at noon, U.S. Airways shall file a reply brief, not to exceed five pages, in support of its MIL #3 (Dkt. No. 1102) clarifying the extent of the dispute between the parties and responding to Sabre's arguments on that dispute (see Dkt. No. 1109).
The Clerk of Court may place on the docket the first sentence of each numbered paragraph above and is respectfully directed to close the motions at Dkt. Nos. 1104 and 1106.