United States First Circuit

In plaintiff's suit under various state law product liability theories, for suffering a serious hand injury while changing an industrial paper-cutting knife at his place of employment, district court's reversal of a $328,000 judgment in plaintiff's favor and award of attorney's fees and expenses to defendant in connection with plaintiff's untimely designation of expert witnesses are affirmed where: 1) plaintiff's claim that defendant waived the statute of limitations defense by failing to raise it through a timely pre-trial motion or a renewed motion for judgment as a matter of law is easily rejected as a party does not waive a properly pleaded defense by failing to raise it by motion before trial; 2) the claims against defendant are time-barred as a matter of law and the amended complaint does not relate back to the original complaint; and 3) district court did not abuse its discretion, either in awarding fees in the first place or in determining the amount of the award.

Appellate Information

• Decided 09/10/2010
• Published 09/10/2010

Judges

• LIPEZ

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Michael T. Eskey, Todd B. Gordon