October 10, 2019 / 9:50 PM / 2 months ago

Judge should have blocked untimely expert report on rest breaks - 8th Circuit

A divided U.S. appeals court on Thursday said a federal judge in Nebraska should not have allowed a group of truck drivers to submit a past-due expert report that was crucial to their lawsuit claiming they were deprived of rest breaks, and vacated an award of more than $800,000.

The 8th U.S. Circuit Court of Appeals in a 2-1 decision said the judge correctly found that lawyers at New Jersey-based Swartz & Swidler who represent drivers with Werner Enterprises Inc had no good reason to file the report two months late, but went against the Federal Rules of Civil Procedure (FRCP) by allowing them to do so anyway.

To read the full story on Westlaw Practitioner Insights, click here: bit.ly/2B3bI61

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