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· 4/6/2007

Jesse A. Fielden v. Csx Transportation, Inc.

Citations

  • 482 F.3d 866
  • 67 Fed. R. Serv. 3d 1020
  • 2007 U.S. App. LEXIS 7977
  • 2007 WL 1028941

How courts have described this case

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

  • holding that no (2)(B) report required for treating physician who would give expert testimony about causation learned by providing treatment
  • recognizing that “[a] treating physician . . . can be deposed or called to testify at trial without any requirement for a written report.” (quoting FED. R. CIV. P. 26(a) advisory committee’s note to 1993 amendment, subdiv. (a), para. (2))
  • acknowledging that the after-treatment limitation is based on a “purposive reading of Rule 26” (emphasis added)
  • explaining that to do otherwise “would permit circumvention of the policies underlying the expert report requirement”
  • observing that “doctors may need to determine the cause of an injury in order to treat it”
  • acknowledging that the after-treatment limitation is based on a “purposive reading of Rule 26” (emphasis added)

Source: CourtListener parenthetical corpus (CC0).

Judges: Siler, Gibbons, Rogers

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.