Frye & Bruhn v. Carstens
Citations
- 130 F. 766
- 65 C.C.A. 192
- 1904 U.S. App. LEXIS 4219
Syllabus
<p>1. Appeal — Interlocutory Judgment — Temporary Injunction — Dissolution.</p> <p>Act March 3, 1891, § 7, as amended by Act June 6, 1900, c. 803, 31 Stat. 660 [U. S. Comp. St. 1901, p. 551], provides that where, on a hearing in equity in a district or circuit court, an injunction shall be granted or continued by an interlocutory order or decree in a case in which an appeal from a final decree may be taken to the Circuit Court of Appeals, an appeal may be taken from such interlocutory order or decree granting or continuing such injunction to the Circuit Court of Appeals. Helé, that, where a temporary injunction was dissolved on a demurrer to the bill being sustained, plaintiff was not entitled to an appeal from so much of the order only as dissolved the injunction.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- recognizing that declarations containing merits-related expert testimony filed after disclosures were due pursuant to a court’s scheduling order and/or Rule 26(a)(2) would lead to unjust results
- finding that preclusion of doctor’s declaration was the appropriate remedy notwithstanding the potential importance of the declaration where the exclusion resulted wholly from the plaintiff's own failures
- overruling Plaintiff’s objections to Judge Pitman’s order striking Exhibit SSS, among other submissions, for merits purposes
- magistrate judge may exercise the court’s inherent authority to impose sanctions
- magistrate judge may exercise the court’s inherent authority to impose sanctions
- “Federal Rules of Civil Procedure 16(f) and 37(c) give the court the authority to order the payment of reasonable expenses, including attorneys’ fees, as a consequence for filing an expert report in violation of a schedule ordered by the court.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Ross
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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