Legal Opinion

Merrill v. Chicago & Illinois Midland Railway

District Court, C.D. Illinois

Decided August 15, 1990No. 88-3177PublishedCited by 4 opinions

1Opinion of the Court

OPINION

RICHARD MILLS, District Judge:

One thing this Court will not suffer lightly is trial by artifice and ambuscade.

We expect litigants and their counsel to abide by both the letter and the spirit of the Federal Rules of Civil Procedure, and to cooperate fully — within the metes and bounds of our adversarial system — in an effort to uncover the truth and attempt to do justice.

Yet during the course of this litigation we were forced to chastise defense trial counsel on several occasions to play by the rules — for instance, the defense waited until the morning one of its damage experts was to…

2Cases cited25 opinions

  1. Owen Equipment & Erection Co. v. KrogerSupreme Court of the United States · 1978
  2. Southern Pacific Company v. JensenSupreme Court of the United States · 1916
  3. Northeast Marine Terminal Co. v. CaputoSupreme Court of the United States · 1977
  4. P. C. Pfeiffer Co. v. FordSupreme Court of the United States · 1979
  5. Herb's Welding, Inc. v. GraySupreme Court of the United States · 1985

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3Cited by4 opinions

  1. Steve Debiasio v. Illinois Central RailroadCourt of Appeals for the Seventh Circuit · 1995
  2. Kapsis v. Port AuthorityNew Jersey Superior Court Appellate Division · 1998
  3. Crowe v. CSX TransportationCourt of Special Appeals of Maryland · 2019
  4. Crowe v. CSX TransportationCourt of Special Appeals of Maryland · 2019

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