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· 12/23/1998

Michael D. Trost v. Trek Bicycle Corporation

Citations

  • 162 F.3d 1004
  • 42 Fed. R. Serv. 3d 652
  • 1998 U.S. App. LEXIS 31734
  • 1998 WL 889870

How courts have described this case

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

  • concluding that summary judgment was appropriate when the only evidence the plaintiff offered of a product’s defective condition was expert testimony that was excluded
  • holding that prejudice existed when opposing party had already completed summary-judgment briefing and new opinion would necessitate reopening discovery and continuing the trial date
  • holding that where the only evidence plaintiff offered of product's defective condition under Minnesota law was expert testimony that the district court excluded, summary judgment was appropriate
  • holding that a defendant “would have been significantly prejudiced by the late production of [the plaintiffs expert’s] opinion because of lack of time to prepare to refute the evidence at trial” where opinion was disclosed approximately two months before trial
  • explaining that “failure to disclose in a timely manner is equivalent to failure to disclose”
  • stating that because defendant had prepared its summary judgment motion, in part, on initial disclosure of expert-witness testimony, the district court did not abuse its discretion in excluding plaintiff's untimely disclosed expert

Source: CourtListener parenthetical corpus (CC0).

Judges: McMillian, Lay, Murphy

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.