Wednesday, August 24, 2011

Eleventh Circuit -- Walter Int'l Productions v. Walter Mercado Salinas

Walter Int'l Productions v. Walter Mercado Salinas

   Trial management difficulties doom recovery, allow court to make several pop-culture references.

No abuse of discretion in allotting each side 25 hours to present evidence, as appellant didn't object, and court was not rigid or inflexible in implementing.

No error in barring expert witnesses where Rule 26 pretrial disclosures were substandard.

No error in barring witnesses added via a contingent list later in the proceedings.

Sufficient evidence on damages.

No error in court sending away the jurors by telling them to have the wisdom of Solomon - it wasn't as the appellant suggests, a cue that they should divide the damages equally.

While special verdict finding breach but denying damages is inconsistent, as appellant didn't object before discharge of jury, issue is waived. 

Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.

Category tags above are sporadically maintained Do not rely. Do not rely. Do not rely.

Author's SSRN page here.