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N.D. Ohio· 3/5/2009

R.C. Olmstead, Inc. v. CU Interface, LLC

Citations

  • 657 F. Supp. 2d 899
  • 2009 U.S. Dist. LEXIS 87362
  • 2009 WL 3049877

How courts have described this case

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

  • finding that party could not depose the opposition’s expert where the expert had been designated as a trial witness then redesignated as a nontestifying witness after disseminating his report
  • noting that many courts view House as only applying to Rule 35 experts
  • discussing balancing test that mirrors Federal Rule of Evidence 403 in connection with the taking of depositions of a redesignated non-testifying expert
  • adopting the majority view that where a party identified an expert as testifying but subsequently redesignated the expert as non-testifying, the opposing party was only allowed to depose that expert upon a showing of exceptional circumstances
  • “Lack of diligence is not a sufficient justification for deposing an opposing party’s non-testifying expert”

Source: CourtListener parenthetical corpus (CC0).

Judges: Sara Lioi

Read full opinion on CourtListener

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4 cases in this archive cite this case.

Cites

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