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· 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 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.