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Law firm smith, gambrell & russell has offices around the country. Our attorneys focus on primary disciplines featuring 50+ practice areas
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Harsh Sanctions Against Class Action Plaintiff Serves as Reminder to Timely Produce and Supplement Expert Disclosures
September 26, 2024
A recent case out of the Eastern District of New York highlights the (1) criticality of exactness and timeliness of expert disclosure under the Federal Rules; and (2) that practitioners should not rely on the supplementation process available at Rule 26 to set forth opinions that “could have been asserted” at an earlier date.
Mirkin v.
XOOM Energy, LLC, 2024 WL 4143376 (EDNY Sept.
2024) involves two expert reports of a class action plaintiff Mirkin.
Plaintiff’s first expert report was “adopted” by the District Court to support class certification, and to deny defendant’s motion for
September 26, 2024
A recent case out of the Eastern District of New York highlights the (1) criticality of exactness and timeliness of expert disclosure under the Federal Rules; and (2) that practitioners should not rely on the supplementation process available at Rule 26 to set forth opinions that “could have been asserted” at an earlier date.
Mirkin v.
XOOM Energy, LLC, 2024 WL 4143376 (EDNY Sept.
2024) involves two expert reports of a class action plaintiff Mirkin.
Plaintiff’s first expert report was “adopted” by the District Court to support class certification, and to deny defendant’s motion for
Profile last updated on September 6th, 2024