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DOWNEY v. BOB'S DISCOUNT FURNITURE HOLDINGS, INC.

No. 09-2137.

633 F.3d 1 (2011)

Yvette DOWNEY et al., Plaintiffs, Appellants, v. BOB'S DISCOUNT FURNITURE HOLDINGS, INC., Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided January 14, 2011.

Attorney(s) appearing for the Case

David M. Bryan , with whom Marshall F. Newman and Newman & Newman, P.C., were on brief, for appellants.

Robert P. La Hait , with whom The McCormack Firm, LLC, was on brief, for appellee.

Before BOUDIN, SELYA and STAHL, Circuit Judges.

SELYA, Circuit Judge.

Although this appeal challenges three rulings of the district court, it turns on only one of them: the exclusion of expert testimony as a sanction for failure to comply with the disclosure requirements of Federal Rule of Civil Procedure 26(a)(2)(B). Because the expert in question was not an expert specially retained or employed for the purpose of testifying, we hold that the rule did not justify exclusion of the proffered testimony. Finding that...

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