· 2/10/1997
John P. Miksis v. Henry L. Howard and Schneider National Carriers, Inc.
Citations
- 106 F.3d 754
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- affirming denial of Rule 35 examination because the request was made more than four months after fact discovery
- “Because defendants did not object to any other comments, they did not preserve them for appellate review.”
- \This sanction is automatic and mandatory unless the party can show the violation was either justified or harmless.\
- “Because defendants did not object to any other comments, they did not preserve them for appellate review.”
- not allowing expert testimony from expert who was disclosed just before trial
- adverse inference requires intentional, bad faith destruction or loss of evidence
Source: CourtListener parenthetical corpus (CC0).
Judges: Eschbach, Flaum, Kanne
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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