· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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