By Eric Schweibenz
On May 6, 2009, ALJ Carl C. Charneski issued Order No. 36 in Certain Variable Speed Wind Turbines And Components Thereof (337-TA-641).  In the Order, ALJ Charneski denied Respondents Mitsubishi Heavy Industries, Ltd., Mitsubishi Heavy Industries America, Inc., and Mitsubishi Power Systems Americas, Inc.’s (collectively, “MHI”) motion in limine seeking an order precluding complainant General Electric Company (“GE”) from offering rebuttal testimony not identified in GE’s pre-hearing statement.

According to the Order, MHI argued in its motion that “GE’s attempt to hide potential witnesses is improper trial by ambush, procedurally flawed, and severely prejudices MHI’s ability to prepare for the Hearing.”  ALJ Charneski, however, disagreed finding that “GE has identified all potential witnesses who may testify at the hearing” and “GE need not identify rebuttal witnesses at this time inasmuch as MHI has yet to put on its case-in-chief.”