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Ramon Rossi Lopez – rlopez@lopezmchugh.com

(California Bar Number 86361; admitted pro hac vice) 

Lopez McHugh LLP 

100 Bayview Circle, Suite 5600 

Newport Beach, California 92660 

949-812-5771 

Mark S. O’Connor (011029) – mark.oconnor@gknet.com

Gallagher & Kennedy, P.A. 

2575 East Camelback Road 

Phoenix, Arizona 85016-9225 

602-530-8000 

Co-Lead/Liaison Counsel for Plaintiffs 

UNITED STATES DISTRICT COURT 

DISTRICT OF ARIZONA 

In Re Bard IVC Filters Products 

Liability Litigation 

No. MD-15-02641-PHX-DGC

SHERR-UNA BOOKER, an individual, 

Plaintiff, 

v. 

C.R. BARD, INC., a New Jersey 

corporation and BARD PERIPHERAL 

VASCULAR, an Arizona corporation, 

Defendants. 

PLAINTIFF’S MOTION IN LIMINE #2 

AND MEMORANDUM IN SUPPORT 

TO EXCLUDE EVIDENCE OF 

ALLEGED BENEVOLENT 

ACTIVITIES 

(The Honorable David G. Campbell) 

(Oral Argument Requested) 

MEMORANDUM IN SUPPORT OF PLAINTIFF’S MOTION IN LIMINE TO 

EXCLUDE EVIDENCE OF ALLEGED BENEVOLENT ACTIVITIES 

Plaintiff moves in limine for an Order precluding evidence and argument relating to 

(1) any alleged benevolent activities such as charitable acts or services Bard provides to 

patients and/or society (whether through its products, employees, community service or 

otherwise), (2) Bard’s “good character” in general, and (3) the quality and intent of its 

workforce as a whole. 

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MEMORANDUM OF LAW 

 Based on previous trials, Plaintiff anticipates that Bard will make will argue at trial 

that Bard and its employees are conscientious people who develop medical products – not 

limited to IVC filters – that save lives throughout America and throughout the world. See

Transcript Phillips v. C.R. Bard et al., Opening Statement, January 26, 2015, Exhibit A, at 

72:6–72:17. Plaintiff also anticipates that Bard, as it has in the past, will present or argue 

that it makes products other than IVC filters that help people and the public’s health 

including cancer treatments. Such evidence and any evidence of Bard’s claimed benevolent 

acts, “good character,” and intentions through their corporate culture, conscientious 

workforce or products is not relevant to the instant case; and even if it were, its probative 

value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, 

misleading the jury, and being unnecessarily time-consuming. Fed. R. Evid. 401, 402, and 

403. 

A. The Evidence at Issue Is Irrelevant, Unfairly Prejudicial, and Should Be 

Excluded

Any reference to Defendants’ stated, but not proven “good conduct” or “good 

character” for helping patients and/or society by developing products that save lives,1

improve health, and that its products (not limited to IVC filters) have saved lives 

throughout America and the world is irrelevant and unfairly prejudicial, and should be 

excluded under Federal Rules of Evidence 402, 403, 405 (limiting evidence of conduct to 

cases in which character is "an essential element of a charge, claim, or defense"). See

Apple iPod iTunes Antitrust Litig., 05-CV-0037 YGR, 2014 WL 12719192, at *4 (N.D. 

Cal. Nov. 18, 2014) (excluding character of Apple's late CEO, Steve Jobs, unless it 

becomes at-issue). 

 

1

 Plaintiff simultaneously files herewith Motion in Limine #3 addressing specifically and 

with particularity why evidence that Bard’s IVC filters are life-saving devices should be 

excluded. 

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Reference to the alleged live-saving nature of other products has no relevance in the 

instant case. It would only serve to confuse and mislead the jury and would be unfairly 

prejudicial to Plaintiff. For example, references to Bard as a leading manufacturer in 

America of “breast cancer biopsy products to help doctors” would be highly prejudicial, 

providing an image to the jury that Bard is at the forefront of the fight against cancer in 

America. See Exhibit A, at 72:9-17. The probative value of evidence that Bard produces 

such products (and others) is far outweighed by the prejudicial nature of presenting the 

defendants as stewards of public’s health. Reference to Bard’s cancer prevention products, 

urological products, and all other medical devices Bard designs, manufactures, and 

produces will confuse to jury as the relevant issues and while serving to generate sympathy 

for Bard. 

Similarly, evidence of Bard’s “good character” and/or that Bard is a manufacturer 

of quality and useful products made by conscientious employees is also highly prejudicial, 

as well as any references to Bard’s Company Mission Statement and asserted corporate 

goals of advancing the delivery of healthcare and saving lives. Even if such evidence 

were supported, it is irrelevant, unfairly prejudicial, and should be excluded under Federal 

Rules of Evidence 402 and 403. 

RESPECTFULLY SUBMITTED this 26th day of January, 2018. 

GALLAGHER & KENNEDY, P.A. 

By: /s/ Mark S. O’Connor_______ 

Mark S. O’Connor 

2575 East Camelback Road 

Phoenix, Arizona 85016-9225 

LOPEZ McHUGH LLP 

Ramon Rossi Lopez (CA Bar No. 86361) 

(admitted pro hac vice) 

100 Bayview Circle, Suite 5600 

Newport Beach, California 92660 

Co-Lead/Liaison Counsel for Plaintiffs 

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CERTIFICATE OF SERVICE 

I hereby certify that on this 26th day of January, 2018, I electronically transmitted the 

attached document to the Clerk’s Office using the CM/ECF System for filing and transmittal 

of a Notice of Electronic Filing. 

/s/ Gay Mennuti 

Case 2:15-md-02641-DGC Document 9866 Filed 01/26/18 Page 4 of 4