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· 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 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.