Legal Opinion
Downey v. Bob's Discount Furniture Holdings, Inc.
Court of Appeals for the First Circuit
Decided January 14, 2011No. 09-2137PublishedCited by 124 opinions
1Opinion of the Court
SELYA, Circuit Judge.
Although this appeal challenges three rulings of the district court, it turns on only one of them: the exclusion of expert testimony as a sanction for failure to comply with the disclosure requirements of Federal Rule of Civil Procedure 26(a)(2)(B). Because the expert in question was not an expert specially retained or employed for the purpose of testifying, we hold that the rule did not justify exclusion of the proffered testimony. Finding that error prejudicial, we reverse.
I. BACKGROUND
In 2005, the plaintiffs, Yvette Downey and her daughter, Ashley Celester, were living…
2Cases cited40 opinions
- Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Consumer Product Safety Commission v. GTE Sylvania, Inc.Supreme Court of the United States · 1980
- Gwaltney of Smithfield, Ltd. v. Chesapeake Bay Foundation, Inc.Supreme Court of the United States · 1987
- United States v. SepulvedaCourt of Appeals for the First Circuit · 1993
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