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· 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 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.