United States Second Circuit
World Wide Polymers, Inc. v. Shinkong Synthetic Fibers Corp., 10-3476
In an action seeking for damages and injunctive relief arising out of the failure of a joint venture, which was originally filed in 2003, district court's grant of defendant's motion to strike plaintiff's expert report and claim for damages for the late filing is vacated and remanded where: 1) the district court acted without providing plaintiff sufficient notice of such severe consequences for late filing; and 2) the district court did not provide plaintiff an opportunity to respond before being sanctioned, and the penalty imposed far outweighed the transgression.
Appellate Information
- Decided 09/14/2012
- Published 09/14/2012
Judges
- Pooler
Court
- United States Second Circuit