Allstate Insurance v. O'Toole

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• noting that the relevant question is the harm caused to the opponent or the justice system
• holding the court should consider whether a party was prejudiced by interference with his “‘reasonable opportunity to prepare for trial or settlement — nothing more, nothing less’”
• stating “we cannot subscribe to the view that [Rule 26.1(c)] was meant to deprive judges of all discretion to do what may be right and just in particular circumstances”
• noting “slight delay . . . where the trial date has not yet been set, clearly may be less prejudicial than that resulting from an attempt to disclose new witnesses just before trial”
• prejudice among factors to be considered in determining whether to allow untimely disclosed evidence at trial
• defendant, aware that unrepresented plaintiffs had failed to serve their disclosure statement, did nothing to remind plaintiffs of their obligations and deliberately did not continue with other discovery

Source: CourtListener parenthetical corpus (CC0).