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· 1/26/2012

Terence Tribble v. Nicholas Evangel

Citations

  • 670 F.3d 753
  • 81 Fed. R. Serv. 3d 1048
  • 2012 WL 245029
  • 2012 U.S. App. LEXIS 1418

How courts have described this case

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

  • finding that a witness presented expert testimony even where she was not offered as an expert, and finding harmful error where that witness was not disclosed as an expert before trial
  • noting that a “[d]isagreement with that ruling or a belief that such testimony would be lay and not expert opinion (or no opinion at all) is not justification; at best, it’s just a misunderstanding of law”
  • noting prejudice in the failure to disclose an expert even though the plaintiff knew the witness was going to testify and knew the limit of the testimony
  • noting prejudice in the failure to disclose an expert even though the plaintiff knew the witness was going to testify and knew the limit of the testimony
  • finding “willfulness” under Rule 37(c)(1) where the defendants “knew that they wanted to elicit exactly the testimony that they did” but failed to make the disclosure required by Rule 26
  • \District courts have broad discretion to deny leave to amend ... where the amendment would be futile.\

Source: CourtListener parenthetical corpus (CC0).

Judges: Bauer, Tinder, Magnus-Stinson

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.