Legal Opinion
Goodman v. Staples the Office Super-Store, LLC
Court of Appeals for the Ninth Circuit
Decided May 3, 2011No. 10-15021PublishedCited by 285 opinions
1Opinion of the Court
Opinion by Judge SILVERMAN; Concurrence by Judge TASHIMA.
OPINION
SILVERMAN, Circuit Judge:
Federal Rule of Civil Procedure 26(a)(2) requires a party to timely disclose a written report of a witness “if the witness is one retained or specially employed to provide expert testimony in the case.... ” Generally speaking, treating physicians are excused from this requirement. They are a species of percipient witness. They are not specially hired to provide expert testimony; rather, they are hired to treat the patient and may testify to and opine on what they saw and did without the necessity of the…
2Cases cited18 opinions
- Singleton v. WulffSupreme Court of the United States · 1976
- William Earl Warren III v. City of Carlsbad Brian Watson James Thompson Frank Mannen Raymond Patchett Stewart Gary Ann JansenCourt of Appeals for the Ninth Circuit · 1995
- Yeti by Molly Ltd. v. Deckers Outdoor Corp.Court of Appeals for the Ninth Circuit · 2001
- Gipson v. KaseyArizona Supreme Court · 2007
- Torres v. City of Los AngelesCourt of Appeals for the Ninth Circuit · 2008
13 more not listed; retrieve them via the Exa API.
3Cited by285 opinions
- R & R Sails, Inc. v. Insurance Co. of PennsylvaniaCourt of Appeals for the Ninth Circuit · 2012
- Gary Merchant v. Corizon Health, Inc.Court of Appeals for the Ninth Circuit · 2021
- Silvagni v. Wal-Mart Stores, Inc.District Court, D. Nevada · 2017
- Facebook, Inc. v. Power Ventures, Inc.Court of Appeals for the Ninth Circuit · 2016
- In re C.R. Bard, Inc.District Court, S.D. West Virginia · 2013
280 more not listed; retrieve them via the Exa API.