· 3/10/1999
Woodworker's Supply, Inc. v. Principal Mutual Life Insurance
Citations
- 170 F.3d 985
- 1999 Colo. J. C.A.R. 1697
- 43 Fed. R. Serv. 3d 1363
- 1999 U.S. App. LEXIS 3800
- 1999 WL 125474
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that the court gave the defendant “a significant opportunity to cure” by allowing counsel to cross-examine the witness outside of the jury’s presence
- finding that undisclosed testimony “prompted” by a prior court ruling did not “excuse [the plaintiff] from supplementing its disclosure,” but nonetheless undermined the appearance of bad faith
- explaining that in determining whether a Rule 37(c)(1) violation is substantially justified or harmless, the Court, in exercising its discretion, looks at the following factors: “(1) the prejudice or surprise to the party against whom the testimony is offered; (2
- “The determination of whether a Rule 26(a) violation is justified or harmless is entrusted to the broad discretion of the district court.”
- list- ing similar factors to be considered by trial court under Rule 37(c)(1)
- Under New Mexico law, “Punitive damages are an appropriate sanction for common-law fraud.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Seymour, Baldock, Brorby
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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