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