Late action

The court is moving through this stuff and has already issued some rulings.

  • WPs motions to strike the Gross Negligence claim and Breach of Warranty were ruled moot and the claims were stricken as requested by Wolfeboro.
  • WP’s motion to preclude evidence of unactionable claims was denied.  This was WPs attempt to remove the RSA 358-A fraud complaint.  As expected, this was denied and a Procedural Order was issued stating that the RSA358-A claim will be submitted to the Jury for advisory findings.  The parties were instructed to prepare proposed jury instructions relating to that claim.
  • Wolfeboro’s motion to preclude WPs experts from offering opinions not contained in their timely reports was granted.  So for the third time, the remedial plan is out.
  • Lastly, Wolfeboro has added Daniel Miville Deschenes, a litigation partner in their Concord office.

I expect the remaining motions will be considered early next week to clear the decks for the trial.

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