Legal Opinion · Concurring in part, dissenting in part
Esposito v. Home Depot U.S.A., Inc.
Court of Appeals for the First Circuit
Decided December 30, 2009No. 08-2115Published
1Concurring in part, dissenting in partWoodcock, District Judge
I concur fully with the majority’s thoughtful resolution of the removal issue. I disagree, however, with the majority’s conclusion that the district judge abused his discretion by precluding Esposito’s expert witness because I believe that, in reaching this conclusion, the majority has applied a higher dismissal standard to a Rule 37(c) discretionary sanction. I respectfully dissent.
I. Two Standards: Dismissal and Rule 37(c)(1) Witness Preclusion
A. The Dismissal Standard
Dismissal with prejudice is different from other sanctions. Benitez-Garcia, 468 F.3d at 4 (describing dismissal as “the…
2Cases cited14 opinions
- Wilson v. Bradlees of New England, Inc.Court of Appeals for the First Circuit · 2001
- Lohnes v. Level 3 Communications, Inc.Court of Appeals for the First Circuit · 2001
- Ortiz-Lopez v. Sociedad Espanola De Auxilio Mutuo Y Beneficencia De Puerto RicoCourt of Appeals for the First Circuit · 2001
- Klonoski v. MahlabCourt of Appeals for the First Circuit · 1998
- Luis Felipe Velazquez-Rivera v. Sea-Land Service, Inc.Court of Appeals for the First Circuit · 1990
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