Read Gagnon v. Teledyne Princeton, 05-1504

Since lack of prejudice is a specific caveat under Rule 37(c)(1) of the Federal Rules of Civil Procedure, and preclusion is the death knell of plaintiff's case, plaintiff's late disclosure was sufficiently important to warrant the district court-s explicit consideration of the issue, requiring that the case be remanded for further review.

Appellate Information

• Decided 02/13/2006
• Published 02/13/2006

Judges

• COFFIN, Senior Circuit Judge., Before TORRUELLA, Circuit Judge, COFFIN, Senior Circuit Judge, and HOWARD, Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Wilbur A. Glahn, III, with whom R. David DePuy, Scott H. Harris, and McLane, Graf, Raulerson and Middleton, Professional Association, were on brief for appellant.


• For Appellees:
  
• David G. Klaber with whom Mark D. Feczko, Jeffrey S. King, Gregory R. Youman, and Kirkpatrick & Lockhart Nicholson Graham LLP were on brief for appellees.