Oh, Ms. Menninger reminds me, your Honor -- and I
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Oh, Ms. Menninger reminds me, your Honor -- and I
think the Court and I are on the same page on this as well --
the tax argument made by Mr. Cassell. Indeed, Ms. Maxwell and
the plaintiff are not on the same footing in this case with
regard to who put their reputation at issue, who is claiming
emotional distress damages, and plaintiffs are in a much
different position than defendants when it comes to
cross-examinations about these issues, particularly in
defamation cases, because as Ms. Menninger pointed out earlier,
under Rule 405, everything that impacts the plaintiff's
reputation in the community, including the failure to follow
laws, is the subject of cross-examination. So the argument
that what is good for the goose is good for the gander ina
defamation case simply doesn't apply when you're talking about
damage issues and reputational issues.
Thank you, your Honor.
MR. CASSELL: Could I just have 15 seconds, your
Honor?
THE COURT: No.
MR. CASSELL: All right. Thanks.
TH
Gl
COURT : Next.
MR. PAGLIUCA: Your Honor, we could next take up the
issue relating to the police reports which I have as
defendant's motion in limine to exclude police reports and
other inadmissible hearsay at 677, response at 747, and then
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
HOUSE_OVERSIGHT_011410
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