Legal Opinion

Esposito v. Home Depot U.S.A., Inc.

Court of Appeals for the First Circuit

Decided December 30, 2009No. 08-2115PublishedCited by 181 opinions

1Opinion of the Court

HOWARD, Circuit Judge.

In this diversity action involving a products liability claim, Robert Esposito challenges the district court’s decision to grant summary judgment to the defendants, Dewalt Industries, Black & Decker, and Home Depot. Esposito argues on appeal that the case was improperly removed to federal court and that the district court erroneously precluded his expert witness. We reject the argument based on improper removal, but we agree that, in the circumstances of this case, the expert witness should not have been precluded. Accordingly, we vacate the district court’s entry of…

2Cases cited32 opinions

  1. Shamrock Oil & Gas Corp. v. SheetsSupreme Court of the United States · 1941
  2. Caterpillar Inc. v. LewisSupreme Court of the United States · 1996
  3. Getty Oil Corporation, Succeeded by and a Division of Texaco, Inc. v. Insurance Company of North AmericaCourt of Appeals for the Fifth Circuit · 1988
  4. Things Remembered, Inc. v. PetrarcaSupreme Court of the United States · 1995
  5. Parrino v. FHP, Inc.Court of Appeals for the Ninth Circuit · 1998

27 more not listed; retrieve them via the Exa API.

3Cited by181 opinions

  1. Griffioen v. Cedar Rapids and Iowa City Railway Co.Court of Appeals for the Eighth Circuit · 2015
  2. Harriman v. Hancock CountyCourt of Appeals for the First Circuit · 2010
  3. Samaan v. St. Joseph HospitalCourt of Appeals for the First Circuit · 2012
  4. Christiansen v. West Branch Community School DistrictCourt of Appeals for the Eighth Circuit · 2012
  5. HCG Platinum, LLC v. Preferred Product Placement Corp.Court of Appeals for the Tenth Circuit · 2017

176 more not listed; retrieve them via the Exa API.

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