Never heard that. Somehow I still see this as unavoidable.
I went back through the motions and it looks like I was mistaken. The defense can bring up Collins...
It is further ORDERED that Plaintiffs’ Omnibus Motion in Limine [176] is GRANTED in part and DENIED in part as follows: 1) Defendants will be precluded from arguing that the “date of contracting” was any date after December 24, 2009, or that only publicly available information is relevant to shareholders’ reasonable expectations. 2) Defendants’ securities analyst reports will be excluded as hearsay unless defendants can show that any specific report factored into FHFA’s decision making process or a hearsay exception applies. 3) Defendants will not be precluded at this stage from making any reference to Collins v. Yellen. 4) The deposition testimony of Bruce Berkowitz will be excluded. 5) Defendants will be precluded from offering evidence or arguments regarding when plaintiffs purchased their shares, with the understanding that the same ruling applies to plaintiffs. 6) Defendants will be precluded from offering evidence or arguments regarding plaintiffs’ wealth or sophistication.