United States First Circuit

Fed. R. Civ. Proc. 37(c)(1), which requires the near automatic exclusion of Rule 26 information that is not timely disclosed, imposes no obligation on the trial court to review the evidence in question, but requires the party to justify its delay in disclosure.

Appellate Information

• Decided 05/11/2001
• Published 05/17/2001

Judges

• STEARNS, District Judge., Before TORRUELLA, Chief Judge, LIPEZ, Circuit Judge, and STEARNS, District Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Thomas Craig with whom David Woodbury and the Law Offices of Thomas Craig were on brief for appellants.


• For Appellees:
  
• Alexander J. Walker, Jr. with whom Richard E. Mills, Daniel E. Will, Devine, Millimet & Branch, P.A., Michael J. Goldman and Hawkins & Parnell, LLP were on brief for appellee Union Underwear Company, Inc., Dennis T. Ducharme with whom Wiggin & Nourie, P.A. was on brief for appellees Sharky's Sportswear Company and Paradise Screen Printing Company.