· 3/8/2002
Joyce J. Quinn v. Consolidated Freightways Corporation of Delaware D/b/a/ Cf Motorfreight A. William Kudrick
Citations
- 283 F.3d 572
- 52 Fed. R. Serv. 3d 226
- 2002 U.S. App. LEXIS 4844
- 82 Empl. Prac. Dec. (CCH) 41,010
- 88 Fair Empl. Prac. Cas. (BNA) 459
- 2002 WL 397222
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- affirming a ruling permitting a witness to testify about subjects not mentioned in interrogatory responses as the defendant knew of this testimony in advance
- “[The defendant] therefore knew of [the witness’s] testimony for months before attempting to strike it as a last minute surprise that justified sanctions as a discovery abuse.”
- “We review admissibility determinations, and exclusion of evidence for an abuse of discretion.”
- court should 26 evaluate “(1) the prejudice or surprise in fact of the party against whom the excluded witnesses 27 would have testified; (2) the ability of that party to cure the prejudice; (3
- “The exclusion of critical evidence is an extreme sanction, not normally to be imposed absent a showing of willful deception or flagrant disregard of a court order by the proponent of the evidence.” (cleaned up)
- “[T]he exclusion of critical evidence is an ‘extreme’ sanction, not normally to be imposed absent a showing of willful deception or ‘flagrant disregard’ of a court order by the proponent of the evidence.” (citation omitted)
Source: CourtListener parenthetical corpus (CC0).
Judges: Sloviter, McKee, Hayden
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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