Gerassimos Vinieris v. Byzantine Maritime Corporation

I respectfully dissent. In my view the majority erroneously assumes that the district court barred a key defense witness (Gerylomatos) from testifying that he was aware, when he discharged and paid off appellant, of the penalties imposed by the statute for failure to pay all earned wages due. As I read it the record does not support this assumption and indeed appellant has not advanced on this appeal the argument that it was error to preclude him from eliciting such testimony at trial.

The majority also establishes a new rule of law which in my view is ill-advised: that it is reversible error…