I miss trying cases.
For the first 9 years of my career I was essentially the best trial lawyer on the planet.
Some people might take issue with that statement, but I never lost. And seemingly all I did was try cases or nearly try cases (cases settle all the time on the courthouse steps.) Really enjoyed it.
But now that I’m a complex litigator I may never try a case again. Stakes are too high. And I’m too good at winning these things short of trial. 🙂
So its nice to get a peek at pre-trial proceedings in other cases. Gives me a nice warm familiar feeling.
In Edwards v. Century 21 Americana, 2026 WL 242345 (D. Nv. Jan 28, 2026) the court granted in part and denied in part competing motions in limine in a TCPA suit schedule for trial.
A motion in limine is a pre-trial motion brought right before trial asking the court to permit or exclude certain evidence. They’re some of the most important rulings made by a court but they are generally done on very limited briefing and in shoot-from-the-hip fashion, which makes them fun and nerve-wracking!
Here’s what the court did in Edwards:
- The court excluded settlement communications Edwards hoped to use to establish willfulness
- The court permitted Edwards to introduce call logs he can authenticate but he cannot assert the logs were authenticated by any third-party (unless they testify)
- The court permitted Edwards to examine Century 21 on autodialer usage even though no ATDS claim is in the case (interesting);
- The court allowed Edwards to introduce a service agreement into evidence referencing TCPA compliance requirements;
- The court allowed Edwards to introduce a Century 21 website referencing compliance training by an employee of defendant;
- The court also allowed Edwards to use a “script book” used by Century 21 in an effort to prove unlawful practices;
- The court excluded any evidence of affirmative defenses by Century 21 except for the two identified in the pre-trial order (this is standard);
- The court preliminarily ruled that evidence of “Mr. Edward’s legal activities outside of this case, his financial condition, and reasons for bringing this lawsuit” would be excluded but found the request too broad so the court will call balls and strikes at trial (opens the door to interesting questions); and
- The court allowed Century 21 to discuss the amount of damages bein sought by Edwards– that’s a big win for them since plaintiffs often want to exclude reference to the TCPA’s $500-$1,500.00 per call damages for obvious reasons.
Not sure anyone else found that interesting– but I did! 🙂
Also Edwards tried to waive jury trial at the last minute but Century 21 defendants are standing by their jury demand– so a jury will be convened. And I am very interested in how it is all going to turn out.
Speaking of turn out– huge number of tickets to Law Conference of Champions have already been sold. Prices will be jumping soon and tickets will likely sell out by the end of February– so get in now. We will begin announcing this year’s speaker lineup on Monday!
Chat soon.