· 12/28/2005
Timothy Brainard v. American Skandia Life Assurance Corporation
Citations
- 432 F.3d 655
- 2005 U.S. App. LEXIS 28777
- 2005 WL 3533545
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that when an expert’s affidavit was “conclusory” and there was an “absence of meaningful analysis or reasoning,” exclusion was appropriate
- holding that an expert opinion is permitted at the summary judgment stage so long as the opinion is not “a conclusory assertion about ultimate legal issues” (citation omitted)
- holding attorney’s affidavit that does nothing more than assemble properly authenticated evidence is still not admissible, because it is not based on personal knowledge
- holding that “[a]ll affidavits, regardless of the author, must be made on personal knowledge and set forth facts that would be admissible in evidence.” (citing Fed. R. Civ. P. 56(e); Beyah v. Coughlin, 789 F.2d 986, 989 (2d Cir. 1986
- finding that the trial court did not abuse its discretion when it denied plaintiff’s request to add an additional party in the amended complaint
- noting that “’[a]n expert who supplies nothing but a bottom line supplies nothing of value to the judicial process’”
Source: CourtListener parenthetical corpus (CC0).
Judges: Martin, Gibbons, Griffin
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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