That's a good judge! Alllowing garbage like that to happen can make a huge mess. I had something very similar happen on the very 1st case I was helping to try (I was 2nd chair in a commercial case). There had been allegations of drug use by the sales rep from our client by a terminated distributor who was suing for damages for wrongful termination of his distributorship. We'd done extensive discovery on the point--even taken the plaintiff to court successfully to get him ordered to divulge the evidence--the plaintiff gave us no information, and we made a motion before trial to exclude evidence not revealed in discovery, which the judge granted. The plaintiff's CEO then told a sordid story of alleged drug use by the defendant's sales rep, one that he'd never disclosed in discovery right on the issue, and said his confronting the sales rep was the reason for the termination. Our judge let it go and the jury hammered the defense with a huge verdict. It was reversed on appeal because of the discovery orders and failure to disclose, but what a nightmare.
Last edited by Exhibitman; 07-14-2011 at 10:35 AM.
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